Jammu & Kashmir

Driver sentenced to 3 months jail, Rs 5,000 fine for driving without licence in Kashmir

Srinagar, April 13 — The Court of Special Mobile Magistrate (Traffic), Kashmir convicted a motor vehicle violator on Sunday for driving without a valid driving licence, sentencing him to three months’ simple imprisonment and a fine of Rs. 5,000 under Section 181 of the Motor Vehicles Act, 1988.

The challan came up for hearing before the Court. The violator, along with his counsel, was present. Assistant Public Prosecutor Ms. Chasfeeda Shafi appeared on behalf of the UT of J&K.

Perusal of the challan revealed that it was presented against the violator for the offence under Section 3/181 of the MV Act, 1988, as he was found driving vehicle bearing registration number JK04K-6597 without a driving licence.
During the proceedings, the statement of the violator was recorded.

The violator pleaded guilty. The Court, after considering the statement, the nature of offence, noted that the violator did not want to avail the opportunity to defend himself despite sufficient opportunity, convicted the violator.

Section 3 of the Motor Vehicles Act, 1988 provides that no person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle.

Section 181 states that whoever drives a motor vehicle in contravention of Section 3 or Section 4 shall be punishable with imprisonment for a term which may extend to three months, or with fine of five thousand rupees, or with both.

Observing that there was no need to proceed further with the trial in view of the plea of guilt, the Court convicted the violator under Section 181 of the Motor Vehicles Act, 1988.

The order states: “Therefore, keeping in view the above mentioned facts and circumstances, the violator is accordingly convicted for the commission of offence under Section 181 of Motor Vehicles Act 1988 and sentenced to simple imprisonment for three (3) months and fine of Rs. 5,000/- (Rupees Five Thousand).

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