Bombay High Court
Rizwan Mohammad Kasim Khan And Anr vs Union Of India And 2 Ors on 31 July, 2019
Equivalent citations: AIRONLINE 2019 BOM 1746
Author: Pradeep Nandrajog
Bench: Pradeep Nandrajog
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO. 74 OF 2017
Shri Rizwan Mohammad Kasim Khan
and another. ... Petitioners.
V/s.
Union of India and others. ... Respondents
Jacob Kadantot for the Petitioners.
Mr.S.B.Gore, AGP for Respondent No.2.
CORAM : PRADEEP NANDRAJOG, C.J.
AND NITIN JAMDAR, J.
DATE : 31 July 2019. P.C. :
Heard learned counsel for the parties. The petitioner seeks implementation of Section 3 of the Carriage by Road Act, 2007 concerning courier agencies statedly operating in the State of Maharashtra without obtaining any registration under the Act in question.
2. Clause (a) of Section 2 of the Act reads as under:
"2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "common carrier" means a person engaged in the business of collecting, storing, forwarding or ::: Uploaded on - 01/08/2019 ::: Downloaded on - 01/08/2019 23:21:15 ::: skn 2 74.17-pil.doc distributing goods to be carried by goods carriages under a goods receipt or transporting for hire of goods from place to place by motorised transport on road, for all persons un-discriminatingly and includes a goods booking company, contractor, agent, broker and courier agency engaged in the door-to-door transportation of documents, goods or articles utilising the services of a person, either directly or indirectly, to carry or accompany such documents, goods or articles, but does not include the Government;"
Needless to state a courier agency engaged in the door-to-door transportation of documents, goods or articles is a common carrier.
3. Section 3 of the Act reads as under:
"3. Persons not to engage in business of common carrier without registration. - (1) No person shall engage in the business of a common carrier, after the commencement of this Act, unless he has been granted a certificate of registration.
(2) Any person who is engaged, whether wholly or partly, in the business of a common carrier, immediately before the commencement of this Act, shall,-
(a) apply for a registration within ninety days from the date of such commencement;
(b) cease to engage in such business on the expiry of one hundred and eighty days from the date of such commencement unless he has applied for registration and the certificate of registration has been granted by the registering authority."
Thus, the courier agency would be liable to obtain a registration under the Act.
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4. Section 18 of the Act reads as under:
"18. Punishment for contravention in relation to non-registration, carrying goods of dangerous or hazardous nature, or prohibited goods.- (1) Whoever contravenes the provisions of section 3, section 13 or a notification issued under section 14 shall be punishable for the first offence with fine which may extend to five thousand rupees, and for the second or subsequent offence with fine which may extend to ten thousand rupees.
(2) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(3) Notwithstanding anything contained in sub-
section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be proceeded against and punished accordingly. Explanation.- For the purpose of this section,-
(a) "company" means anybody corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
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5. Carrying on business as courier agency without obtaining registration under the Act is visited with the punishment as per Section 18.
6. Reply filed does not dispute the fact that the courier agencies carrying on business in the State of Maharashtra have not obtained any registration under the Act.
7. Thus, we dispose of the petition directing the State Government or the Competent Authority nominated or constituted by the State Government to proceed under Section 18 by initiating prosecution against the courier agencies and the individuals who are in-charge of the business of the courier agencies. The prosecution shall be launched within six weeks from today.
NITIN JAMDAR, J. CHIEF JUSTICE
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