Srinagar: The Special Mobile Magistrate (Traffic court) in Srinagar on Friday directed a guardian to execute a bond of Rs 2 lakh after his minor ward was found driving a vehicle in violation of law.
The court, presided over by Magistrate Shabir Ahmad Malik, convicted and sentenced Syed Mohammad Hussain Razvi of Heewudar Jawalapora, Budgam, under Section 199-A of the Motor Vehicles Act, 1988. The actual violator was a minor; however, in accordance with the provisions of the Act, the challan was issued against Razvi, who is both the guardian of the minor and the registered owner of the vehicle.
After considering the facts and the applicable law, the Magistrate directed the accused “to execute a bond to the tune of Rs Two Lakhs (Rs 2,00,000) for maintaining peace and good behaviour for a period of two years.”
The court further ordered that in the event of any violation of the bond conditions during the said period, the accused shall undergo the proposed sentence, and the bond amount of Rs 2 lakh shall stand forfeited to the government.
In his order, the Magistrate observed that perusal of Section 199-A of the Motor Vehicles Act makes it clear that where an offence under the Act is committed by a juvenile, the guardian of such juvenile or the owner of the motor vehicle shall be deemed guilty of the contravention and shall be liable to be proceeded against and punished accordingly.
The court also noted that, in addition to the penalty under sub-section (1), such guardian or owner is punishable with imprisonment for a term which may extend to three years and with a fine of ₹25,000.
It further observed that the registration of the motor vehicle used in the commission of the offence shall be cancelled for a period of 12 months. Additionally, the juvenile involved shall not be eligible to obtain a driving licence under Section 9 or a learner’s licence under Section 8 of the Act until attaining the age of 25 years.
During the proceedings, the accused pleaded guilty and did not claim trial. His statement was recorded in writing and made part of the case record. The Magistrate recorded that the plea of guilt was voluntary and that the accused did not wish to avail himself of the opportunity to defend against the charges, despite being given sufficient opportunity.
The court held that since the accused had voluntarily pleaded guilty, there was no necessity to proceed further with the trial. Accordingly, he was convicted for the commission of the offence under Section 199-A of the Motor Vehicles Act, 1988.
While proposing a sentence of three years’ simple imprisonment and a fine of Rs 25,000, the court also ordered that the registration of the vehicle bearing registration number JK04K-0673 be cancelled for a period of 12 months.
However, taking into account that the offence did not involve moral turpitude that the accused had no prior convictions, and considering his age and antecedents, the court held that the ends of justice would be served by extending the benefit of the Probation of Offenders Act.
Consequently, instead of imposing immediate imprisonment, the court directed the accused to execute a bond of Rs 2 lakh for maintaining peace and good behaviour for two years. In case of breach of any condition of the bond during this period, the accused shall undergo the proposed sentence, and the bond amount shall be forfeited to the government.
