Excelsior Correspondent
Srinagar, June 8: A court in Budgam quashed an e-challan issued against a vehicle owner for allegedly not possessing a valid Pollution Under Control (PUC) certificate, ruling that the Traffic Police failed to follow the procedure prescribed under law and had not produced material to establish any violation of emission norms.
Chief Judicial Magistrate Budgam Abdul Bari, in an order dated June 1, set aside the challan and directed the authorities to cancel it in accordance with law.
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The court held that “the impugned challan has been issued without following due procedure and no objective material exists to establish violation of emission norms.”
The case relates to an e-challan issued on January 16 after traffic officials intercepted a vehicle at Chadoora and found that its owner, Syed Raafiq Rasheed, did not possess a valid PUC certificate at the time of checking.
According to the petition, all other vehicle documents were in order and the owner had sought time to produce the certificate, but the challan was issued immediately.
The petitioner later obtained a valid PUC certificate from an authorised testing centre and presented it before the authorities.
However, the challan was not withdrawn, leading him to approach the court.
Examining the record, the court found that the authorities had failed to demonstrate compliance with the procedure laid down under Rule 115 of the Central Motor Vehicles Rules, 1989.
“No notice or procedural compliance, as contemplated under Rule 115 of the Central Motor Vehicles Rules, 1989, has been demonstrated by the non-applicants,” the court observed.
The court further noted that the authorities had not placed any material on record to show that the vehicle had been tested and found to be violating prescribed emission standards.
“No record has been placed to show that the vehicle was tested at the spot and found to be emitting pollutants beyond permissible limits and no notice or opportunity was provided to the applicant,” the order said.
Emphasizing that enforcement action must be supported by evidence, the court observed that “penal action must be founded upon objective satisfaction based on testing or legally admissible material.”
The court also took note of the fact that the petitioner had subsequently secured a valid pollution certificate.
“The applicant has produced a valid PUC certificate, which prima facie establishes compliance with emission standards,” it said.
Referring to settled legal principles, the court observed that “it is a settled principle that where a statute prescribes a manner for doing an act, it must be done in that manner alone.”
Allowing the petition, the court held that the petitioner had subsequently demonstrated compliance and that continuation of proceedings would serve no lawful purpose.
“The applicant has subsequently demonstrated compliance, thus, continuation of proceedings would be arbitrary and unjustified,” the court said, adding that “continuation of the challan proceedings would amount to abuse of process of law.”
The court accordingly quashed the e-challan and directed the Traffic Police authorities to cancel it in accordance with law.
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