Meghalaya High Court
Registrar General, vs . State Of Meghalaya & Ors on 28 April, 2026
Author: H.S. Thangkhiew
Bench: H.S. Thangkhiew
Serial No.01
Daily List
HIGH COURT OF MEGHALAYA
AT SHILLONG
PIL No.4/2026
Date of Order: 28.04.2026
Registrar General, Vs. State of Meghalaya & ors
High Court of Meghalaya
Coram:
Hon'ble Mrs. Justice Revati Mohite Dere, Chief Justice
Hon'ble Mr. H.S. Thangkhiew, Judge
Appearance:
For the Petitioner : -
For the Respondents : Mr. A. Kumar, Advocate General with
Ms. R. Colney, GA
Dr. N. Mozika, DSGI with
Ms. K. Gurung, Adv
i) Whether approved for reporting in No
Law journals etc.:
ii) Whether approved for publication
in press: Yes
Pursuant to the order dated 21st April, 2026, Mr. Kumar,
learned Advocate General has tendered a status report on behalf of
the respondent-State and the same is taken on record. The said
report is signed by the Commissioner of Transport, Government of
Meghalaya, Shillong. Paragraph 10 of the said report reads thus:
“10. That it is pertinent to note that between the period from
April 2025 to February 2026, a total of 2,030 vehicles have
transported a quantity of 25,902 MT of minor minerals,
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indicating that an average of less than 7 (seven) vehicles per
day crossed the roads for transportation in Jaintia Hills
Territorial Division (covering the Amlarem/West Jaintia Hills
portion of the route).”
2. The aforesaid statement made by the Commissioner of
Transport in the said status report is completely contrary to the
chart annexed by the Commissioner at page 29. When the
Advocate General was confronted with the said discrepancy, he
sought time to take instructions. Prima facie, it appears that there
is an attempt to mislead the Court with respect to the aforesaid
data, which is mentioned in paragraph 10 of the said report vis-Ã -
vis the chart annexed as annexure-6 at page 26. It also appears
from the said status report, in particular page 49 of the said status
report, that certain vehicles were found violating provisions of
Sections 192, 190(2) and 179 of the Motor Vehicles Act, 1988 and
that the said vehicles have been fined and offences compounded. It
also appears that no prosecution has been lodged against any of
the vehicles, who were found violating the law, between the period
22nd April, 2026 and 25th April, 2026. Atleast, the affidavit nor any
document reveal the same. There is no data submitted with
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respect to whether the said vehicles that were fined were first-time
offenders/repeat offenders. Learned Advocate General to inform
this Court whether there is a data bank of registered vehicles with
the Transport Department; whether there is any data maintained
with respect to the fines imposed in the data system, so as to know
whether the vehicles are first-time offenders/repeat offenders.
3. At this stage, learned Advocate General seeks time to file
affidavit-in-replies of the respective departments. The affidavits to
be filed in the Registry on or before 4th May, 2026.
4. Dr. Mozika, learned DGSI has also tendered a status report
on behalf of the BSF in compliance with the order dated 21 st April,
2026. The said status report is also taken on record. In paragraph
10 of the said status report, it is stated as under:
“10. It is submitted that the main task of BSF is to provide
security. It has no role in documentation of export/import,
as well as issuance and checking of driving licenses, PUC
certificate, fitness certificate of the vehicles including the
load, as BSF is not empowered to check the above
documents under any law to do so, as already directed vide
Hon’ble court order dated 28.09.1999 and mentioned in the
letter issued by the Commissioner of Customs, Shillong,Page 3 of 4
Meghalaya on dated 27.11.2003 regarding the role of the
BSF at the Land Customs Stations.”
5. Learned DSGI also seeks time to file an affidavit-in-reply on
behalf of the Land Customs Station. Time granted. Affidavit to be
filed in the Registry latest by 4th May, 2026.
6. Considering the issues raised, we deem it appropriate to
appoint Mr. Philemon Nongbri, as Amicus to assist the Court. A
copy of the petition along with the orders and the status reports
tendered today by the learned Advocate General and learned DSGI
to be served on Mr. Philemon Nongbri during the course of this
week to enable him to go through the same. Copy of the affidavits
to be filed, also to be served on Mr. Nongbri by 4th May, 2026.
7. The Commissioner of Transport and the Secretary, Forest
Department to remain present on the next date.
8. Stand over to 6th May, 2026.
(H.S. Thangkhiew) (Revati Mohite Dere)
Judge Chief Justice
Meghalaya
28.04.2026
"Lam DR-PS"
Page 4 of 4
Signature Not Verified
Digitally signed by
LAMPHRANG KHARCHANDY
Date: 2026.04.28 16:15:12 IST