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| Executive Magistrates to take cognizance of overloading vehicles | | | Early Times Report
SRINAGAR, April 9: Divisional Commissioner, Kashmir Dr Asgar Hassan Samoon has instructed all Deputy Commissioners to adhere to instructions of Chief Secretary, J&K whereby all Executive Magistrates have been authorized to conduct checking of passenger vehicles in order to stop the menace of overloading and over speeding within their jurisdiction.
This step has been taken to avoid occurrence of road accidents, which results in loss of precious human lives. Over speeding and overloading by passenger vehicles is a violation of Section 112 and Section 113 of Motor Vehicles Act.
The Executive Magistrates have been authorized under Section 64 of the Code of Criminal Procedure Samwat 1989, which states that “When an offence is committed in presence of a Magistrate within the local limits of his jurisdiction, he may himself arrest or order any person to arrest the offender and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody”.
These instructions were conveyed to Div Com Kashmir by Secretary to Government Transport Deptt vide his Circular no; PS/Sect-Tpt/11/116-20 dated 7th April 2011 requesting all Deputy Commissioners to utilize the services of Executive Magistrates in controlling the menace of overloading and over speeding
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