Cuttack, June 9: The Bhubaneswar-Cuttack Police Commissionerate is caught between lack of adequate power and an Orissa High Court order.

A year ago, the high court had ordered the police to crack its whip on vehicles using damaged and illegible number plates. However, the Bhubaneswar-Cuttack police is yet to implement the order as it does not enjoy powers under section 192 of Motor Vehicle Act, 1988, to deal with the offence.

The high court had issued direction to the police in response to a PIL that two-wheelers, three-wheelers and four-wheelers with fractured or illegible number plates were easily escaping from the spot without being identified after committing accidents or other crimes. But the police were yet to take steps to control it even though it had become “a common feature”.

The issue had come up last week at a review meeting of the high court constituted committee for effective implementation of court orders. The committee has the commissioner of police as its chairman.

“Commissioner of police B.K. Sharma said the police had not been able to take effective steps as at present it was not conferred with powers under section 192 of the Motor Vehicle Act, 1988, to deal with the offence. A proposal in this connection has been submitted to the government,” amicus curiae Pravat Ranjan Dash told The Telegraph today. Dash said the high court had issued the order on June 24, 2010.

Use of motor vehicle without a registration mark of prescribed specification is an offence under section 192 of the Motor Vehicle Act, 1988. It is punishable for the first offence with a fine which may extend up to Rs 5,000 and for second subsequent offences with imprisonment up to one year and fine of Rs 10,000.

A senior police officer said: “We do not have the power to impose fine by compounding the offence as directed by the high court. The commerce and transport department has delegated power to compound offence under section 192 of the Motor Vehicle Act, 1988, to officers of Orissa Motor Vehicles department not below the rank of traffic sub-inspector and additional secretary state transport authority at check gates.”

The police commissioner had moved the government for conferring power under the 1988 Act on officers of Bhubaneswar-Cuttack Police Commissionerate.

“In view of the order of the high court, it is requested that powers of compounding an offence under section 192 of Motor Vehicle Act, 1988, may also be conferred on police officers of and above the rank of inspector of police within the police commissionerate area of Bhubaneswar and Cuttack,” police chief B.K. Sharma had said in a letter to the principal secretary, home department, on July 1, 2010.

“The state government has the power to authorise police officers for such compounding under section 200 of Motor Vehicle Act, 1988,” the police chief said.

The high court had directed the police chief “to take effective steps to control the malady in Cuttack city as well as on National Highway in Cuttack and Bhubaneswar and ensure that those vehicles are seized and fined and are not released unless the owners produce the number plates written according to the specification.”

The court had further directed the police commissioner to undertake rigorous checking on the Cuttack–Bhubaneswar national highway as well as in Cuttack city for a minimum period of 15 days.