SRINAGAR: At least 21 persons including two girls in the past two weeks have been sentenced to one day of simple imprisonment by a local court here for driving a motor vehicle without having a valid driving licence.
In one of the cases, convict moved an application under Probation and Offenders Act to which court released the violator after admonition.
After hearing assistant public prosecutor and defence counsels separately in all these cases, the Court of Additional Special Mobile Magistrate (Traffic) Srinagar presided over by Shabir Ahmad Malik said that accused are held guilty of offence for driving vehicle without having a valid driving licence.
Driving motor vehicle at public place without having a valid driving licence is an offence under Motor Vehicles (Amendment) Act 2019. On conviction, the convict is liable for imprisonment which may extent to three months, or fine, or both.
The challans against these 21 persons accused of driving without licence were produced by the traffic police for offences under sections 207 MV Act. The court provided sufficient opportunities to the accused of being heard and also to produce driving licence.
In some cases, accused pleaded guilty and did not claim the trial. Court observed that convicts have failed to produce driving licences despite sufficient opportunity.
Keeping in view the mentioned facts and circumstances and the statement of the accused person, the court sentenced convicts to one day simple imprisonment. Earlier, the court used to impose mere fine on violators instead of sending them to jail.
Under the provisions of Motor Vehicles (Amendment) Act 2019, no individual should drive a vehicle in public places unless they have a valid driving licence issued to them by the authority.
In one of the cases, the convict moved an application under the Probation of Offenders Act which was granted by court. The convict was released after admonition, said District Legal Service Authority Srinagar penal lawyer advocate Mir Naveed Gul.
Advocate Gul added that Motor Vehicles (Amendment) Act, 2019, came into effect on 1st September 2019 with an object to strengthen road safety.
“There for the rules made rules are stringent for offenders, creating a punishment for them and imposition of hefty fines. This amendment have been introduced as deterrent for those in the habit of breaking traffic rules,” he said.
He added that the changes that have been brought about are: imprisonment of up to a month for driving errors and a provision for imprisonment of up to six months for accidents caused by rash drivers.
“The amendment also provides more stringent rules for offences like juvenile driving, drunken driving, over speeding, overloading and driving without a license. Hefty fines for those driving without helmets,” he said.
“So, to avoid facing hefty penalties or imprisonment, people must make sure that they follow the road safety rules and encouraging others to do so too. These rules are for the safety of people,” Advocate Gul said. (Greater Kashmir)
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