Between vs Unknown
2021 Latest Caselaw 4022 HP

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    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                    ON THE 20th DAY OF AUGUST, 2021




                                                            .
                                  BEFORE





           HON'BLE MR. JUSTICE VIVEK SINGH THAKUR

                 CRIMINAL REVISION NO.142 OF 2020





    Between:-
    SH.SURENDER SINGH
    S/O SH. JARPU RAM,





    R/O VILLAGE DAMTADI,
    P.O. DHARARA, SUB-TEHSIL TIKKAR,
    DISTRICT SHIMLA, H.P. 171 203
    AGED ABOUT 44 YEARS.
                   r                                           ...PETITIONER

    (BY SH.ASHWANI DHIMAN, ADVOCATE)

    AND


    STATE OF H.P.
                                                              ..RESPONDENT
    (BY SH.DIVYA SOOD, DEPUTY ADVOCATE GENERAL)




    Whether approved for reporting? Yes





                This petition coming on for admission this day, the

    Court passed the following:





                            JUDGMENT

Petitioner has assailed cancellation of his Driving

Licence, vide order dated 10.10.2019, by Registering and Licensing

Authority, Rohru, District Shimla, H.P., in pursuance to order dated

06.07.2019, passed by learned Additional Chief Judicial Magistrate,

Court No.(II), Shimla, H.P., in summary proceedings, in Crime

No.HP13300190604212359, titled as State of H.P. vs. HP10B0547.

2. The petitioner was challaned under Sections 181 and

185 of the Motor Vehicles Act, 1988 (hereinafter referred to as the

'M.V. Act'), as he was found driving vehicle without licence in

drunken condition. On 06.07.2019, petitioner had tendered his

.

driving licence before the Court of learned Additional Chief Judicial

Magistrate, Court No.(II), Shimla, H.P., and, therefore, proceedings

against him, under Section 181 of the M.V. Act, were dropped by

learned Magistrate. However, referring direction of Hon'ble

Supreme Court Committee on Road Safety (in short the

'Committee') bearing No.05/2014/CORS, Part-3, dated 18.08.2015,

driving licence of the petitioner bearing No.HP-10-20050014758

was ordered to be sent to the concerned authority for its

cancellation and fine of `2000/- under Section 185 of the M.V. Act,

was also imposed upon the petitioner for driving in drunken

condition.

3. In compliance of order passed by learned Magistrate,

Registering and Licensing Authority, Rohru, District Shimla, H.P.,

had passed impugned order dated 10.10.2019, whereby driving

licence of the petitioner was cancelled w.e.f. 10.10.2019 under

Section 185 of the M.V. Act read with Rule 21 of the Central Motor

Vehicle Act, 1988 by referring direction of the Committee.

4. Learned counsel for the petitioner has placed on record

relevant directions dated 18.08.2015, issued by the Committee,

referring which driving licence of the petitioner has been cancelled.

Learned counsel has pointed out that in these directions, at Sl.No.4,

the Committee has directed the States/UTs and their concerned

Departments to take certain actions, which include suspension of

the licence for a period of not less than 3 months under Section 19

of the M.V. Act read with Rule 21 of the Central Motor Vehicles

Rules, 1989 in the following situations:-

(i) Driving at a speed exceeding the specified limit which in the Committee's view would also include

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red light jumping;

(ii) Carrying overload in goods carriages and carrying persons in goods carriages;

(iii) Driving vehicles under the influence of drink and drugs;

(iv) Using mobile phone while driving a vehicle.

5. Learned Deputy Advocate General has invited attention

of the Court to the directions contained at Sl.Nos.3 and 5, wherein

at Sl. No.3 it has been communicated by the Committee that stern

action against the violators of law should be taken exercising

discretion under Section 19 of the M.V. Act read with Rule 21 of the

Central Motor Vehicle Act by passing an order disqualifying the

offender from holding a driving licence for a specified period or also

imprisonment wherever it is provided under the law, and in

directions contained at Sl.No.5 the Committee has directed that in

case of driving a vehicle under the influence of drinks or drugs, the

police should prosecute the offender and seek imprisonment as

prescribed under Section 185 of the M.V. Act, even for the first

offence.

6. On perusal of directions of the Committee, it is evident

that it is not mandate of the directions of the Committee that for

driving a vehicle under the influence of drinks or drugs, licence

cannot be cancelled. In direction No.3 it is directed that offender

can be disqualified for holding a driving licence for a specified

period. Specified period may also include period of rest life of the

offender. In addition, offender is also to be prosecuted seeking his

imprisonment even for the first offence in case of drunken driving. I

do not find any illegality, irregularity or infirmity in the order passed

by learned Additional Chief Judicial Magistrate, Court No.(II) Shimla,

.

H.P., or Registering and Licensing Authority, Rohru, District Shimla,

H.P.

7. Learned counsel for the petitioner submits that

petitioner is first time offender and incident had taken place on

04.06.2019 at 9.23 p.m. and thereafter licence of the petitioner has

been cancelled on 10.10.2019. Degree of intoxication is also not on

record and now period of about 2 years has passed and petitioner

has remorse for his act and conduct and he undertakes to not to

repeat such mistake again.

8. Considering persuasive submissions of learned counsel

for the petitioner, taking lenient view and relevant directions of the

Committee contained at Sl.Nos. 3 and 4, disqualification of the

petitioner to hold a driving licence instead forever is converted into

disqualification of the petitioner from holding a driving licence till

31.10.2021.

9. After 31.10.2021, licence of the petitioner may be

revived with endorsement in his record regarding his

disqualification on account of drunken driving with complete details

but on making application by the petitioner to the concerned

Registering and Licensing Authority with undertaking therein that in

future he shall not drive the vehicle under the influence of drinks or

drugs and in case he is found repeating the same offence again, his

licence shall be cancelled forever disqualifying him from holding

driving licence for throughout life.

10. It is also apt to record that by taking a lenient view and

keeping in view lapse of time till date from the date of commission

of crime, proceedings before learned Magistrate are not being

ordered to be revived to prosecute the petitioner for his

.

imprisonment under Section 185 of the M.V. Act.

11. In view of above, present petition stands disposed of in

aforesaid terms, so also pending application(s), if any.

(Vivek Singh Thakur), Judge.

August 20, 2021 (Purohit)