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5. The seizure of vehicles in issue is primarily on the ground that at the time of inspection, the vehicle was carrying load in excess of permissible limit i.e., sand or other commodities/ without weigh bills without permit/ and in some cases, inter-state transport of sand without transit permit, etc. Following the earlier decisions of this Court, in these matters, interim directions were granted, directing grant of interim custody of the vehicle to the owner of vehicle subject to his depositing 2000/- and additional amount of .1000/- per tonne of excess load, unloading charges with other conditions. In all these orders, no restraint is imposed on prosecution proceedings. What was granted was only an interim custody of the vehicle. In terms thereof, on depositing the amount specified in the respective interim orders, vehicles were released.

16 PNR,J W.P Nos. 1635 of 17 batch (2) Where the person authorised under sub-section (1) makes the said order in writing, he shall also endorse the relevant details of the overloading on the goods carriage permit and also intimate the fact of such endorsement to the authority which issued that permit S.194 . Driving vehicle exceeding permissible weight:

(1) whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of Section 113 or Section 114 shall be punishable with minimum fine of two thousand rupees and an additional amount of one thousand rupees per tonne of excess load, together with the liability to pay charges for off-loading of the excess load.

20. The offending vehicle owner and driver are liable for prosecution under Section 194. S.194 prescribes punishment of minimum of fine of 2000/- and an additional amount of 1000/- per tonne of excess load, together with the liability to pay charges for off-loading of the excess load. In other words, under this provision, 1) the driver/occupier of the vehicle has to pay fine of minimum of 2000/-, 2) 1000/- per tonne of excess load and

3) charges for off-loading of the excess load.

56. It is appropriate to note the language employed in Section 194 of the Act. There are three components on levying of penalty/charges and all three are independent. Notwithstanding the quantity of overload, per se, a vehicle found carrying more load 35 PNR,J W.P Nos. 1635 of 17 batch than permissible is liable for punishment in the form of fine. In addition, he is also liable to be fined Rs.1000/- for each excess ton of overload and unloading charges. It stipulates minimum fine of 2000/-. Thus what is prescribed is minimum fine for the offence of overload per se and there is no restriction to levy higher amount as fine in addition to fine of 1000/- per tonne of excess load. I am of the considered opinion that in exercise of power under Article 226 of the constitution of India, the writ Court cannot pre- determine the amount of fine that can be imposed and curtail the discretion vested in the Magistrate.