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6 PNR,J W.P Nos. 1635 of 17 batch

6. Learned counsel for petitioners placed extensive reliance on the directions issued by this Court in several decisions and prayed to affirm the order granting interim custody of vehicles.

7. According to learned counsel for petitioners, as directed by this Court in K.Ram Reddy v. Government of Andhra Pradesh and others2, it is mandatory for the checking officials while checking the vehicles on the allegation of contravention of the Act, 1988 to give option to the driver/owner/accompanier of the vehicle to opt for payment of penalties specified instantaneously for release of vehicle as an interim measure instead of seizing the vehicle, and though circular instructions are issued by the Commissioner for Transport, they are observed more in breach and in spite of request made by the petitioners to release the vehicles on payment of amount as per Section 194 of the Act, 1988, their vehicles are not released and the same amounts to arbitrary exercise of power and authority and violating the directions of this Court. They would further contend that whenever there is an allegation of overload, the vehicle has to be released by collecting overload penalty @ 1000/- for each excess tonne. Learned counsel further contended that Section 194 of the Act, 1988 only invites penal consequences on the driver, but no penal consequences other than payment of penalty can be imposed on the owner of the vehicle and, therefore, detaining the vehicle even when the owner of the vehicle is agreeing to pay the penalty, amounts to arbitrary exercise of power.

iii. Driving vehicles under the influence of drinks and drugs;

iv. Using mobile phone while driving a vehicle....

16. The Supreme Court Committee on Road Safety had convened a meeting on 2nd November, 2015 with the Government of Telangana to discuss and review the status of implementation by the State Govt. of the directions issued by the Committee vide its letter dated 8th July, 2015 and also the Road Safety Action Plan. The further deliberations are not placed on record.

17. It is no more a lurking danger, but a reality of how overloading of vehicles causes havoc on the roads. When the load is more than permissible limit, driver cannot have control on the 13 PNR,J W.P Nos. 1635 of 17 batch vehicle movement. The chassis of the vehicle and axle and wheels may not sustain the pressure. In addition, poor upkeep may compound the problem and result in fatal accidents. It also damages the road and cause pollution. For the greediness of owners of the vehicles to earn few rupees more, lives of millions are jeopardized. In spite of concern expressed by NGOs and by the Hon'ble Supreme Court on increase in road accidents, mostly caused due to negligence of driver and owner and cause for many fatal accidents being the motor vehicles plying on public roads carrying excess load, no serious effort is made to penalize the offenders. It cannot be said that the competent authority is without power to penalize the owner of the vehicle and the driver which results in repeated offences. Statistics placed on record and even otherwise, clearly demonstrate that the cause for major road accidents is overload of vehicles plying on the roads. 17.1. India ranks first in the world for road accidents. A major contributor to these accidents is motor vehicles plying on the public roads with excess load. As statistics noted by Hon'ble Supreme Court in S. Rajaseekaran in the decision dated 22.4.2014 illustrates by 2006 fatal accidents in India crossed one lakh and after 11 years the figures stand at 1,47,913 fatal road accidents as of 2017.5 The accidents reported are far less as compared to accidents that actually happen on the roads.The cases booked are also far few and are only a sample of actual number of vehicles with overload, plying on the roads. The factum of overload is not confined to such vehicles but also has more Based on Ministry of Road Transport & Highways reply on 11thJuly, 2019, to a question raised in the LokSabha on number of road accidents in India.

14 PNR,J W.P Nos. 1635 of 17 batch serious consequences as most of the vehicles plying on the road are very old and badly maintained. The owners intend to squeeze every ounce of the vehicle before it succumbs. 17.2 Whenever an overloaded vehicle travels on the road there is a lurking danger of accidents. By seizing the vehicle that danger is avoided for the time being. Thus, it is not a simple case of overloading but a serious issue of averting a grave fatal accident. 17.3. In this context it is appropriate to note the observations of Supreme Court in S.Rajaseekaran (cited supra).

(b) Overloading of commercial vehicles should be prosecuted under the Damage to Public Property Act. Liability should be imposed on the transporter, consignor and consignee.

39. In Paramjit Bhasin (cited supra), Supreme Court took judicial note of stand of Union of India. On damage to road surface and the decisions taken in the 30th meeting of Transport Development Council and recorded in its order as under:

"7. It is apparent from the reply filed by the Union of India that overloading causes significant damage to the road surface and also cause pollution through auto-emissions. Even overloaded vehicles are safety hazards not only for themselves, but also for other road users. It is pointed out that since the responsibility of enforcing of the provisions of the Act and the Central Rules is that of the State Government they have been advised by the Central Government to scrupulously enforce the provisions of the Act and the Central Rules. It appears that the matter was discussed at the 30th meeting of the Transport Development Council where the following decisions were taken: