VENKATARAMIAH - (1.) THE petitioners in the writ petitions and appellants in the Civil Appeals are holders of contract carriage permits issued under the provisions of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') carrying on business in the State of Rajasthan and other adjoining States. Under the said permits they are entitled to run the contract carriages throughout Rajasthan except on the notified routes. Some of them also own motor vehicles which are covered by permits issued under section 63(7) of the Act having the privilege of carrying passengers on cortract throughout India. In these Writ Petitions and Civil Appeals they have questioned the validity of the Notification dated 15-7-1975 issued by the State of Rajasthan under section 129-A of the Act empowering certain officers of the Rajasthan State Road Transport Corporation (hereinafter referred to as 'the Corporation*) to exercise in respect of all stage carriages and contract carriage on the notified routes under section 68-D (3) of the Act the powers that can be exercised under section 129-A of the Act by police officers who are empowered in that behalf. THE Notification read as follows : "RAJASTHAN RAJPATRA Dated 7-8-1975 Home (Cr. X) Department Notification Jaipur, 15/07/1975. O. O. 420. In exercise of the power conferred by section 129-A of the Motor Vehicles Act, 1939 (Central Act IV of 1939) the State Government hereby further authorises the following persons to exercise the powers and to take or cause to be taken all the proper steps within their respective jurisdictions under the said scheme in respect of all the stage carriages and contract carriages plying on or in any notified route or in any notified area under section 68-D (3) of the said Act or in any portion, thereof namely : JUDGEMENT_101_1_1987Html1.htm
(2.) THE petitioners/appellants contend that the officers of the Corporation named in the Notification who are very much interested in seeing that the Corporation earns much profit have been over-zealous in exercising the powers conferred on them under section 129-A of the Act and seizing and detaining the motor vehicles belonging to the petitioners/appellants contrary to law. THE principal contention urged by the petitioners/ appellants is that it was not open to the State Government to appoint persons who are not officers of the Government as persons who could exercise the powers of seizure and detention of property of citizens under section 129-A of the Act. Relying on the judgment of this Court in Krishna Bus Service Pvt. Ltd. v. State of Haryana (1985) 3 SCC 711 : (AIR 1985 SC 1651), it is contended that the appointment of the officers of the Corporation who are their rivals in motor transport business as officers entitled to exercise powers conferred under section 129-A of the Act was violative of Article 19(1)(g) of the Constitution of India. These Writ Petitions/Civil Appeals are opposed by the State Government and the Corporation. It is contended by the respondents that the impugned notification is issued only to protect the interests of the Corporation and in order to prevent the running of motor vehicles either as stage carriages or contract carriages along the routes over which the Corporation is exclusively entitled to operate its stage carriages under permits issued under Chapter IVA of the Act. They also contend that the appointment of the officers of the Corporation under section 129-A of the Act is not outside the scope of that section. In the course of the hearing it was submitted that the said powers would not be used against motor vehicles covered by permits issued under section 63(7) of the Act although it is alleged that even such vehicles had been seized and detained in the past by the officers of the Corporation. Section 129-A of the Act with which we are concerned in this case reads as follows : "129-A. Power to detain vehicles used without certificate of registration or permit - Any police officer authorized in this behalf or other person authorized in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of section 22 or without the permit required by sub-section (1) of section 42 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle. Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used without the permit required by sub-section (1) of section 42, he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue an acknowledgement in respect thereof. Provided further that where a motor vehicle has been seized and detained under this section for contravention of the provisions of section 22, such vehicle shall not be released to the owner unless and until he produces a valid certificate of registration under this Act in respect of that vehicle." Section 129-A was introduced into the Act by section 20 of the Motor Vehicles (Amendment) Act, 1942 (Act 20 of 1942). Section 133-A was introduced by section 21 of the very Amending Act. Originally section 133-A contained only the first three subsections. Sub-sections (4) and (5) to section 133-A were added later. Now section 133-A reads thus: "133-A. Appointment of motor vehicles officer - (1) The State Government may, for the purpose of carrying into effect the provisions of this Act, establish a Motor Vehicles Department and appoint as officers thereof such persons as it thinks fit. (2) Every such officer shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). (3) The State Government may make rules to regulate the discharge by officers of the Motor Vehicles Department of their functions and in particular and without prejudice to the generality of the foregoing power to prescribe the uniform to be worn by them, the authorities to which they shall be subordinate, the duties to be performed by them, the powers (including the powers exercisable by police officers under this Act) to be exercised by them, and the conditions governing the exercise of such powers. (4) In addition to the powers that may be conferred on any officer of the Motor Vehicles Department under sub-section (3), such officer as may be empowered by the State Government in this behalf shall also have the power to - (a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules made thereunder are being observed; (b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises which is in the occupation of a person who, he has reason to believe, has committed an offence under this Act or in which a motor vehicle in respect of which such offence has been committed is kept : Provided that - (i) any such search without a warrant shall be made only by an officer of the rank of a gazetted officer; (ii) where the offence is punishable with fine only the search shall not be made after sunset and before sunrise; (iii) where the search is made without a warrant, the gazetted officer concerned shall record in writing the grounds for not obtaining a warrant and report to his immediate superior that such search has been made; (c) examine any person and require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act; (d) seize or take copies of any registers or documents or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed; (e) launch prosecutions in respect of any offence under this Act and to take a bond for ensuring the attendance of the offender before any court; (f) exercise such other powers as may be prescribed : Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself. (5) The provisions of the Code of Criminal Procedure 1973 (2 of 1974) shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure under the authority of any warrant issued under section 94 of that Code."
(3.) IN Transport Commr. Andhra Pradesh v. Sardar Ali, Bus Owner (1983) 3 SCR 729 : (AIR 1983 SC 1225) this Court has while upholding the constitutionality of section 129A of the Act explained its scope, manner and the different powers which are exercisable by an officer empowered under that section to exercise the powers mentioned therein. IN that case the appellant was the Transport Commissioner of the State of Andhra Pradesh and not the Andhra Pradesh State Road Transport Corporation. Any police officer or other person authorized by the State Government under section 129-A of the Act may seize and detain a motor vehicle if he has reason to believe that the motor vehicle has been or is being used in contravention of the provisions of section 22 of the Act. or without the permit required by sub-section (1) of section 42 of the Act, or in contravention of any conditions of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used. He is also to take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle. IN the first proviso to section 129-A of the Act such authorised officer may instead of seizing the vehicle seize the certificate of registration of vehicle and issue an acknowledgement in respect thereof. It further provides that where the motor vehicle has been seized or detained under the said section for contravention of the provisions of section 22 of the Act, such vehicle shall not be released to the owner unless and until he produces a valid certificate of registration under that Act in respect of that vehicle. The said powers can be exercised in respect of any motor vehicle such as an omnibus, a car, an auto-rikshaw, a tractor, a lorry etc. etc., the expression 'motor vehicle' having been defined by the Act in sub-section (18) of section 2 of the Act thus : "2 (18). 'motor vehicle' means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer, but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises." Section 22 of the Act requires every person to get his motor vehicle registered under the Act. It provides that no person shall drive any motor vehicle and that no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place for the purpose of carrying passengers or goods unless the vehicle is registered in accordance with Chapter III of the Act and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner. Section 42 of the Act provides that no owner of a 'transport vehicle' as defined in subsection (33) of section 2 of the Act shall use or permit the use of the vehicle in any public place whether or not such vehicle is actually carrying any passenger or goods save in accordance with the conditions permit granted or countersigned by a Regional or State Transport Authority or the Commission authorising the use of the vehicle in that place in the manner in which the vehicle is being used. A 'transport vehicle' means a public service vehicle or a goods vehicle. The different kinds of permits that may be issued in respect of motor vehicles are set out in Chapter IV of the Act. They may be stage carriages, contract carriages, or public carriers. The other kind of transport vehicle is that in respect of which a permit is issued under section 63(7) of the Act which confers the privilege on the holder of the permit to use the vehicle throughout the territories of India. Every permit issued under Chapter IV of the Act contains a number of conditions which are specified therein. The contra-vention of either section 22 or section 42(1) of the Act or any of the conditions mentioned in the permit would entitle an officer empowered under section 129-A of the Act to seize and detain the vehicle in question and also to provide for its temporary safe custody. A report or complaint, as the case may be, also may be filed by him before the Magistrate for taking action against the owner of the vehicle for violation of any of the provisions of the Act referred to above. It is thus seen that the powers are of a drastic nature and have the effect of depriving the owner of a motor vehicle of his property, which sometimes may be of the value of Rs. 2 to 3 lakhs. They also have the effect of depriving the passengers who are travelling in that vehicle of a transport service right in the middle of a route and may expose them to 'hunger and thirst' as it was widely advertised in a pamphlet issued by the Corporation itself. It is against the above background that we have to consider whether it was open to the State Government in this case to authorise some of the officers of the Corporation to exercise the powers under section 129-A of the Act.;