Jammu & Kashmir court on Friday sentenced a man to six months imprisonment for carrying out illegal modification including a high car siren to his Mahindra Thar vehicle in contravention of Section 52 of the Motor Vehicles Act of 1988 (MV Act)
The violator Adil Farooq Bhat was later given the benefit of probation under the Probation of Offenders Act subject to him executing a bond to the tune of Rs 2 lakh for keeping peace and good behavior for two years.
The judgment was passed after the violator appeared before the court and pleaded guilty to modifying/altering the vehicle in question from its original condition, as specified in the registration certificate (RC) of the vehicle.
"Since the offence does not involve any moral turpitude and the violator has not been previously convicted and having regard to his age and antecedents the purpose of the justice shall be served if the case is considered under probation of offenders Act, and the accused is given benefit of probation. Therefore, the accused is directed to execute a bond to the tune of Rs 2 lakh for keeping peace and good behavior for two years," the judgment said.
In violation of any condition of bond during two years the accused shall receive the proposed sentence, the Court added.
The judgment was passed by Additional Special Mobile Magistrate (Traffic), Srinagar Shabir Ahmad Malik who also directed RTO Srinagar to remove all the modifications and restore the vehicle to its original state.
"The RTO Kashmir at Srinagar is directed to remove the car siren and all the modifications that were done in contravention to the provisions of the Motor Vehicle Act and the rules made thereunder and restore the vehicle (Thar) to its original position as specified in the Registration Certificate (RC) of the vehicle", the Court said.
The equipment/ fittings so removed should be returned to the violator against proper receipt and the cost of removing the modifications as well as restoring the vehicle to its original position shall be recovered from the violator, the Court added.
The entire incident shall be videographed and the same shall be submitted before the court, the judgment further directed.
The Court also ordered the Additional Director General of Police, Traffic (J&K) to take strict action against those who have modified vehicles in contravention of the law.
"As per section 52 of the MV Act, no motor vehicle shall be modified or altered from its original position in contravention to the provisions of the Motor Vehicle Act and without permission from the concerned authority," the Court underlined.
The Court also explained the reasons why people carry out such modifications.
"There are mainly two reasons why people violate these rules; one, lack of awareness and second, no strict action against the violators, therefore it is imperative to educate the people on the subject and simultaneously strict action as warranted under the law must be taken against the violators," the Court said.
Earlier Srinagar man was fined for modifying a Thar jeep
Earlier in May this year, Additional Special Mobile Magistrate Srinagar imposed a fine of rupees five thousand on a violator for modifying his vehicle without seeking prior permission from the competent authority.
The magistrate also directed the Deputy Inspector General of Police (DIG), Traffic, Kashmir, to take strict action against those modifying vehicles in violation of the law.
After hearing the Assistant Public Prosecutor (AAP) Nighat Maqbool and defence counsel, the Court of Additional Special Mobile Magistrate (Traffic) observed that the violator has modified his vehicle Thar.
The Court further pointed out that the violator has modified his vehicle by installing, Hard Top, Crash Guard with a winch, new Big Tyres, four rooftop lights on the front side, four rooftop lights on the backside of the vehicle, four LED lights on the front side, two LED lights on the side mirrors and extra bumpers, etc.
"The structure of the vehicle has been completely modified and altered, from its original position as specified in the registration certificate (RC) of the vehicle", the Court observed.
"The violator has contravened the provision of Motor Vehicle Act, therefore after because no previous violation has been proved and after taking a lenient view, a fine of Rs 5000 only, is imposed, and in default of payment of fine he shall suffer one-month simple imprisonment," the Court said.
