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Issues: Whether the notification appointing the General Manager of Haryana Roadways as an officer empowered to exercise the powers of a Deputy Superintendent of Police under the Motor Vehicles Act, 1939 was valid.
Analysis: The power conferred under section 133-A of the Motor Vehicles Act, 1939 had to be exercised consistently with the scheme and object of the Act and with Article 19(1)(g) of the Constitution of India. The powers of stopping, inspection, search, seizure and detention under the Act were serious restrictions on the freedom of motor vehicle operators and required fair, unbiased and independent enforcement. The General Manager of Haryana Roadways was directly responsible for the operation and profitability of a competing transport undertaking and was therefore in a position of conflict between duty and interest. The Court held that such an officer could not be expected to act with the impartiality required for enforcement action, and the rule of necessity had no application because other officers were available.
Conclusion: The notification appointing the General Manager of Haryana Roadways as an enforcing officer under the Act was invalid and liable to be quashed.
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