How can the Motor Vehicles Department unilaterally decide that if the fine is not remitted in offences captured in camera, then the further facilities of the department such as payment of tax etc will not be available for the concerned vehicles ?
Right to be heard and defend is a fundamental right in all principles of law. Right to opt to plead guilty to to challenge the charge is a right available to all persons in India. If a person want to defend the charge against him, how the motor vehicle department can insist a payment of fine upon the alleged offence on him?
Even otherwise, all the offences under Motor Vehicles Act are non cognizable how can a charge be laid before the court or before any authority unless complying the due procedure as per the provisions of CRPC and a specific judgement to the point rendered by Kerala High Court. (A judgment by Js Thomas P Joseph).
It is a surprise, how the literate community in Kerala are unaware about the fact that the payment of fine on traffic offences is only an option and he has every right to defend the allegation if it is not properly proved by the prosecution or motor vehicle department!.
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