A Jammu and Kashmir court on Friday sentenced a man to six months in jail for carrying out illegal modification including a loud car siren on his Mahindra Thar vehicle in violation of Section 52 of the Motor Vehicles Act 1988 (MV Act)
Offender Adil Farooq Bhat was later granted probation under the Probation of Offenders Act on condition that he execute a bond of Rs 2 lakh for keeping peace and good behavior for two years.
The sentence was handed down after the offender appeared in court and pleaded guilty to modifying/altering the vehicle in question from its original condition, as stated in the Registration Certificate (RC) of the vehicle.
“Since the crime does not involve any moral contempt and the offender has not been previously convicted and having regard to his age and past, the ends of justice will be served if the case is tried under offender probation and the defendant is given the benefit of probation. Therefore, the accused is directed to enforce a creditor on Rs 2 lakh for maintaining peace and good behavior for two years,” the judgment said.
In violation of any condition of bail for two years, the accused shall be given the proposed sentence, the court added.
The verdict was passed by Extra Special Mobile Magistrate (Traffic), Srinagar Shabir Ahmad Malik, who also directed RTO Srinagar to remove all alterations and restore the vehicle to its original condition.
“RTO Kashmir at Srinagar is directed to remove the car siren and all modifications made in contravention of the provisions of the Motor Vehicles Act and the rules made thereunder and restore the vehicle (Thar) to its original position as indicated in the Registration Certificate (RC) of the vehicle” , the court said.
The equipment/accessories so removed should be returned to the violator on proper receipt and the cost of removing the alterations as well as restoring the vehicle to its original condition should be recovered from the violator, the court added.
The entire incident must be filmed and the same must be submitted to the court, the judgment further.
The court also ordered the Additional Director General of Police, Traffic (J&K) to take strict action against those who have modified vehicles in violation of the law.
“In accordance with Section 52 of the MV Act, no motor vehicle shall be modified or altered from its original position contrary to the provisions of the Motor Vehicle Act and without the permission of the concerned authority,” the court underlined.
The court also explained the reasons why people carry out such changes.
“There are mainly two reasons why people violate these rules; one, lack of awareness and secondly, no strict action against the violators, therefore it is imperative to educate the people on the subject and at the same time strict action as required by law must be taken against the violators,” the court said.
Former Srinagar man fined for modifying a Thar jeep
Earlier in May this year, additional special mobile magistrate Srinagar imposed a fine of five thousand rupees on a violator for modifying his vehicle without first seeking permission from the competent authority.
The magistrate also directed the Deputy Inspector General of Police (DIG), Traffic, Kashmir, to take strict action against those who modify vehicles in violation of the law.
After hearing the Assistant Public Prosecutor (AAP) Nighat Maqbool and the defense 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 winch, new Big Tires, four roof lights on the front, four roof lights on the rear of the vehicle, four LED lights on the front, 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 indicated in the Registration Certificate (RC) of the vehicle,” the court observed.
“The offender has contravened the provision of the Motor Vehicles Act, therefore after no previous offense has been proved and after taking lenient view, a fine of Rs 5000 only shall be imposed and in default of payment of fine he shall suffer one month’s simple imprisonment”, said the court.