TIRATH S. THAKUR, J. ( 1 ) THE petitioners in all these writ petitions are transport operators who have a common grievance to make. They contend that Police Officers who are checking their vehicles and demanding production of documents for commission of offences under the Motor Vehicles Act are not competent to do so nor do they check reports issued by them furnish a sound basis to the authorities for initiating any legal proceedings against them. They question the validity of the check reports and seek a writ of certiorari quashing the same besides a declaration to the effect that with the amendment of Section 130 of the Motor Vehicles Act, 1988, the Police Officers have ceased to have any power to check the vehicles in question or take any legal action or proceedings against the transport operators. ( 2 ) HEARD learned Counsel for the parties. ( 3 ) THE petitioners are entirely banking upon amendment to Section 130 of the Motor Vehicles Act 1988 in support of their case that the Police Officers have ceased to have any power to check their vehicles w. e. f. 14-11-1994 i. e. , the date the amendment came into force. ( 4 ) SECTION 130 of the Motor Vehicles Act, 1988, as the same stood before its amendment read thus:- (1) The driver of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination:provided that the driver may, if his licence has been submitted to, or has been seized by, any officer or authority under this or any other Act, produce in lieu of the licence a receipt or other acknowledgement issued by such officer or authority in respect thereof and thereafter produce the licence within such period, in such manner as the Central Government may prescribe to the police officer making the demand. (2) The conductor, if any, of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination; (3) The owner of a motor vehicle (other than a vehicle registered under Section 60), or in his absence the driver or other person in charge of the vehicle, shall on demand by a registering authority or any person authorised, in this behalf by the State Government produce the certificate of registration and the certificate of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness referred to in Section 56 and the permit. Explanation - For the purposes of this sub-section, 'certificate of insurance ' means the certificate issued under sub-section (3) of Section 147. (4) If the licence referred to in sub-section (2) or the certificates or permit referred to in sub-section (3) as the case may be, are not at the time in the possession of the person to whom demand is made, it shall be a sufficient compliance with this section if such person produces the licence or certificates or permit within such period in such manner as the Central Government may prescribe, to the Police Officer or authority making the demand;provided that, except to such extent and with such modifications as may be prescribed, the provisions of this sub-section shall not apply to any person required to produce the certificate of registration or the certificate of fitness of a transport vehicle. " ( 5 ) BY Motor Vehicles Amendment Act, No. 54/1994, the provisions of sub-section (2) of Section 130 (supra), were amended to the limited extent of substitution of the term 'police Officer ' appearing in said provision by the words "any Officer of the Motor Vehicles Department Authorised in this behalf ". In sub-section (3) of Section 130, the term any person authorised in this behalf by the State Government was substituted by the words "or any other Officer of the Motor Vehicles Department duly authorised in this behalf ". In sub-section (3) of Section 130, the term any person authorised in this behalf by the State Government was substituted by the words "or any other Officer of the Motor Vehicles Department duly authorised in this behalf ". The provisions of sub-section (2) and (3) as amended by the aforesaid Act now read thus:" (2) The conductor, if any, of a motor vehicle on any public place shall on demand by any Officer of the Motor Vehicles Department authorised in this behalf produce the licence for examination, (3) The owner of a motor vehicle (other than a vehicle registered under Section 60), or in his absence the driver or other person in charge of the vehicle, shall on demand by a registering authority or any other officer of the Motor Vehicles Department duly authorised in this behalf, produce the certificate of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness referred to in Section 56 and the permit; and if any or all of the certificates or the permits are not in his possession, he shall, within fifteen days from the date of demand, submit photo copies of the same, duly attested in person or send the same by registered post to the officer who demanded it. Explanation - for the purposes of this sub-section, "certificate of insurance " means the certificate issued under sub-section (3) of Section 147. " ( 6 ) A plain reading of the amended provision placed in juxta position to the unamended ones shows that while under the unamended provisions of Section 130, a Police Officer in uniform could ask the conductor, of any motor vehicle in a public place to produce his licence for examination, the said power is after the amendment exercisable only by an Officer of the Motor Vehicles Department duly authorised in that behalf. In so far as sub-section (3) is concerned, the same in the unamended form obliged the owner of the Motor Vehicle or in his absence the driver or other person incharge of the vehicle to produce on demand by registering Authority or any other person authorised in that behalf by the State Government, the certificate of Registration and the Certificate of Insurance of the vehicle and where the vehicle is a transport vehicle also the certificate of fitness referred to in Section 56 and the permit. After the amendment, however the power to demand production of the documents referred to in sub-section (3) is no longer exercisable by a person authorised in that behalf by the State Government in whose place the same is now exercisable by any Officer of the Motor Vehicles Department duly authorised in that behalf. It is therefore apparent that the amendment to Section 130 of the Motor Vehicles Act, 1988 upon which the petitioners have placed total reliance has brought about only a limited change in the position as the same existed before the amendment namely the power to ask the conductor of a Motor Vehicle to produce the licence for examination which was earlier exercisable by a Police Officer in Uniform is after the amendment exercisable only by an Officer of the Motor Vehicles Department authorised in that behalf. The net effect is that while under the unamended provision of Section 130 the Police Officer in uniform could demand from the conductor his licence or examination such a power is not available to him under Section 130 (2) as amended with effect from 14th November, 1994. But for that alteration there is no other change in so far as the power of the Police Officers to demand the production of the documents of a vehicle are concerned, I may at this stage also refer to Section 158 of the Act, reliance where upon was placed by Mr. D 'sa in support of his Officer in uniform extended not only to demanding the production of a licence from the conductor of the vehicle concerned under Section 130 (2), but even to other documents such as certificate of insurance, the certificate of registration, driving licence and in the case of transport vehicles certificate of fitness and the permit. 158 read thus:-"section 158 (1 ). Any person driving a motor vehicle in any public place shall, on being so required by a police officer in uniform authorised in his behalf by the State Govt. , produce - (a) the certificate of insurance; (b) the certificate of registration; (c) the driving licence; and (d) in the case of transport vehicle also the certificate of fitness referred to in Section 56 and the permit,relating to the use of the vehicle. 2. , produce - (a) the certificate of insurance; (b) the certificate of registration; (c) the driving licence; and (d) in the case of transport vehicle also the certificate of fitness referred to in Section 56 and the permit,relating to the use of the vehicle. 2. If, where owing to the presence of a motor vehicle in a public place an accident occurs involving death or bodily injury to another person, the driver of the vehicle does not at the time produce the certificates, driving licence and permit referred to in sub- section (1) to a police officer, he shall produce the said certificates licence and permit at the police station at which he makes the report required by Section 134. (3) No person shall be liable to conviction under sub-section (1) or sub-section (2) by reason only of the failure to produce the certificate of insurance if, within seven days from the date on which its production was required under sub-section (1) or as the case may be, from the date of occurrence of the accident, he produces the certificate at such police station as may have been specified by him to the police officer who required its production or as may be to the police Officer at the site of the accident or to the officer in charge of the office station at which he reported the accident. Provided that except to such extent with such modifications as maybe prescribed, the provisions of this sub-section shall not apply to the driver of a transport vehicle; (4) The owner of a motor vehicle shall give such information as he may be required by or on behalf of a police officer empowered in this behalf by the State Government to give for the purpose of determining whether the vehicle was or was not being driven in contravention of Section 146 and on any occasion when the driver was required under this section to produce his certificate of insurance. (5) In this section, the expression "produce his certificate of insurance " means produce for examination the relevant certificate of insurance or such other evidence as may be prescribed that the vehicle was not being driven in contravention of Section 146. (5) In this section, the expression "produce his certificate of insurance " means produce for examination the relevant certificate of insurance or such other evidence as may be prescribed that the vehicle was not being driven in contravention of Section 146. (6) As soon as any information regarding any accident involving death or bodily injury to any person is recorded or a report under, this section is completed by a police officer, the officer in charge of the police station shall forward a copy of the same also to the Claims Tribunal having jurisdiction and a copy thereof to the concerned insurer. " ( 7 ) RELIANCE was also placed by Mr. D 'sa upon the provisions of Sections 206 and 207 of the Act which confer upon the Police Officers or other persons authorised in that behalf by the State Government the power to impound the documents or to effect seizure of the vehicle in certain situations. In terms of Section 206 if a Police Officer has reasons to believe that any identification mark carried on a motor vehicle or any licence, permit, certificate of registration, certificate of insurance or other document produced to him by the driver or person in charge of motor vehicle is a false document he may seize the mark or the document and call upon the driver or owner to account for his or the presence in the motor vehicle of such mark or document. Sub-section (2) of Section 206 empowers the Police Officer o seize any licence held by such driver and forward to the Court for taking cognizance of the offence while sub-section (3) thereof regulates the procedure for effecting the seizure and the effect thereof. Sub-section (2) of Section 206 empowers the Police Officer o seize any licence held by such driver and forward to the Court for taking cognizance of the offence while sub-section (3) thereof regulates the procedure for effecting the seizure and the effect thereof. ( 8 ) IN terms of Section 207 if a Police Officer or other person authorised in this behalf by the State Government has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of Section 3 or Section 4 or Section 39 or without the permit requird by sub-section (1) of Section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle maybe used, he may seize and detain the vehicle, in the prescribed manner and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle. Section 207 sub-section (1) which confers such a power upon the Police Officer may be reproduced at this stage. "section 207 (1): Any Police Officer or other authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of Section 3 or Section 4 or Section 39 or without the permit required by sub-section (1) of Section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seized and detain the vehicle, in the prescribed manner and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle. Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used in contravention of Section 3 or Section 4 or without the permit required by sub-section (1) of Section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue an acknowledgement in respect thereof. ( 9 ) A plain reading of Section. ( 9 ) A plain reading of Section. 158,206 and 207 (supra) leaves hardly any manner of doubt that a Police Officer duly authorised in that behalf by the State Government while in uniform has in terms of Section. 158, the power to demand from any person driving a motor vehicle, the certificates mentioned in Section 158 including the permit if it is a transport vehicle. In terms of Section 207 any Police Officer besides other person duly authorised in that behalf by the State Government has the power to seize and detain the motor vehicle in case he has reasons to believe that the vehicle is being used contrary to the conditions of the permit. It therefore follows that the power to demand production of the documents referred to in Section 158 as also the power to seize and detain the vehicle carried with them the power to check the said documents for purposes of finding out whether the same are valid and in accordance with law and also whether the conditions subject to which the said documents have been issued are being complied with. Unless the power to demand the production of the documents as conferred by Section 158 and the power to seize a vehicle being plied in contravention of the conditions of the permit are interpreted to include the power to examine the said documents for purpose of finding out whether or not there is any violation of the provision of the Act, such a power to demand or seize as the case may be would be ineffective and illusory. As a matter of fact the purpose behind the conferment of powers under Sections 158 and 207 is to enable the Police Officer concerned to check the vehicles for any violation that the same may be committing while being plied on the Roads. It also implies the power to take appropriate action by way of issuing a check report and filing an appropriate case before the jurisdictional magistrate for trial of the offender for the offence committed. The power to demand production of and to examine the documents cannot be divorced from the purpose behind the conferment of the said power. It also implies the power to take appropriate action by way of issuing a check report and filing an appropriate case before the jurisdictional magistrate for trial of the offender for the offence committed. The power to demand production of and to examine the documents cannot be divorced from the purpose behind the conferment of the said power. The purpose clearly is to enable the Police Officers concerned to check such vehicles for the commission of any violation of the provisions of the Act and to take such follow up action as may be necessary. ( 10 ) IT is therefore fairly manifest that the power to demand the production of the documents including the permit and the power to impound the same in certain situations referred to in Section 206 as also the power to seize the vehicle in the circumstances mentioned in Section 207 are all exercisable by a Police Officer. The very fact that there is an amendment to Section 130 sub-sections (2) and (3) of the Act, by which the power to ask the conductor to produce his licence has been taken away and conferred upon an Officer of the Motor Vehicles Department, does not in the least affect the powers of the Police Officers under the aforesaid three provisions. The exercise of powers under Sections 158 to 206 and 207 was in no way dependent upon the availability of the power under Section 130 (2) so as to make the former redundant in the absence of the later. The Amendment of Section 130 sub-section (2) has a very limited effect and does not render the other provisions of the Act particularly Sections 158, 206 and 207 nugatory. The power exercisable under the later provisions continues to be available to the Police Officers and could have been therefore legitimately exercised by them. ( 11 ) LEARNED Counsel appearing for the petitioners however contended that the provisions of Section 158 are found in Chapter XI of the Act and therefore the said Section should be limited in its application to the subject identified in the heading of the said chapter. I find no substance in this submission either. ( 11 ) LEARNED Counsel appearing for the petitioners however contended that the provisions of Section 158 are found in Chapter XI of the Act and therefore the said Section should be limited in its application to the subject identified in the heading of the said chapter. I find no substance in this submission either. It is true that Section 158 finds place in Chapter XI which is captioned Insurance of Motor Vehicles against third party - party risks yet it is difficult to accept the argument that that notwithstanding the clear provisions of Section 158 to the contrary the operation of the said provision should be limited to what is contained in the Chapter heading. It is a well recognised and elementary Rule of construction that if the language employed in the provision is clear, Chapter or Index heading provided by the enactment cannot control the same or limit its sweep. The power to demand production of the Certificate of Insurance, Certificate of Registration driving licence and the permit conferred upon the Police Officers under Section 158 is therefore incapable of being limited to matters relating to Insurance of Motor Vehicles against third party risks only. The Chapter heading appears to be very brief and even cryptic and can hardly provide a safe guideline for interpretation of the provisions contained in the Chapter. I have therefore no hesitation in rejecting even this submission made on behalf of the petitioners. ( 12 ) IN the result these petitions fail and are accordingly dismissed but in the circumstances of the case without any orders as to costs. Interim orders wherever issued shall stand vacated forthwith. Petitions dismissed. --- *** --- .