1996 (5) TMI 433

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....ppellant : Rajeev Dhawan, Sr. Adv., S.U.K. Sagar, Ashok Anand and L.N. Rao, Advs ORDER 1. Delay condoned. 2. This special leave petition arises from the Judgment and order of the Andhra Pradesh High Court dated December 29, 1995 made in Writ Petition No. 23323 of 1995. The petitioners are the owners of goods motor vehicles and were plying the same on the basis of pucca national/State perm....

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....ho refuses to stop and submit the vehicle to weighing after being directed to do so by the authorised officer in that behalf under Section 114 or refuses to remove or causes to remove the load or part of it, prior to weighment in the form of final to the extent of Rs. 3,000. Section 200 of the Act empowers the authorised officer to compound the offences punishable under the provisions enumerated i....

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.... penalty thereunder would not arise. When discretion is given to the court for compounding of the offence for the amount mentioned under Section 200, it cannot be stratified by specified amount. It would, therefore, be clear that the exercise of power to prescribe maximum rates for compounding the offence is illegal, arbitrary and violative of Article 14 of the Constitution. We find no force in th....

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....the accused to pay the same. On compliance thereof, the proceedings, if already instituted, would be closed or no further proceedings shall be initiated. It is a matter of volition or willingness on the part of the accused either to accept compounding of the offence or to face the prosecution in the appropriate court. As regards canalisation and prescription of the amount of fine for the offences ....