Details - Dhemaji

3. Whether the accused persons by driving an over loaded bus and without any pollution
certificate committed an offence under section 190(2) of the MV Act?
4. Whether the accused persons, on not being able to produce the registration certificate
of the vehicle, as asked for by the police official, committed an offence under section
192 of the MV Act?
5. Whether the accused persons, on not being able to produce any road permit, as asked
for by the police official, committed an offence under section 192A of the MV Act?
6. Whether the accused persons had carried excess passengers in their vehicle and thus
committed an offence under section 194 of the MV Act?
7. Whether the accused persons were driving the vehicle without insurance and thus
committed an offence under section 196 of the MV Act?
Discussions and reasons there of:
In this case two witnesses were examined. PW2 is the police personal
who had submitted the offence report in this case. In his evidence he stated that on 6.2.2011
he was posted as Havildar in Silapathar thana and he was checking the Silapathar Jonai Road
Tiniali. PW1 Pushpa Narah was with him. He had checked AS 22-3366 bus. While checking
the driver was unable to produce documents relating to the vehicle. Surjya Gogoi was the
driver of the vehicle. When PW2 enquired the driver of the vehicle said that the vehicle had
no documents. He also did not have his driving license. PW2 came to know that the driver of
the vehicle was Hema Chutia. Further PW2 stated that on previous occasion also he had
asked the driver to produce documents but he had ignored him. On that day the bus was
overloaded with passengers. When PW2 asked the driver to show him the documents he told
him that ‘I will not show any documents, do whatever you like’. On being asked as to why he
was wearing chappals while driving, Surjya replied that as it was summer time he was feeling
hot. In his cross examination PW2 stated that the RC book shown to him in court has the