DEBASISH KAR GUPTA,J. - (1.) This writ application is filed by the petitioner on the ground of inaction on the part of the respondent no. 4 in releasing the vehicle of the petitioner bearing registration no. WB-11A/5198 (bus) inspite of payment of find in terms of the order dated February 10, 2012 passed by the Motor Vehicles Inspector (Non-Technical) Barasat, North 24-Parganas.
(2.) Having heard the learned counsel appearing for the respective parties as also upon consideration of the facts and circumstances of this case I find that the vehicle under reference was seized by the respondent authority on the following grounds:- "(a) Without permit under section 66(1) M.V.Act, 1988 (b) Without Tax + Addl. Tax payable to the Govt. of W.B. for plying on road as e/c, as vehicle noted above has been released from the Permit No. 258/03(I/R) issued by the STA W.B. by replacing the new another vehicle No. WB-41C/7980*Bus), from 04.03.2011 to the date of seizure. (c) The said vehicle has been seized under section 207 of M.V. Act, 1988 amended upto 1994 and under Section 16(3) of W.B.M.V. Act, 1979 and 11(1) of W.B.M.V.Addl. Tax Act, 1989 and The allegation made by Deputy Secretary STA, W.B. vide his kind office Memo No. 928-STA/7E/980/03 (Pt) dated 19.04.2011, which was communicated to this office on 03.01.2012 for necessary action. The above vehicle was seized and detained for temporary safe custody at private custodian to Khokan Malick's CF Ground at Kazidanga, Barasat on Bongaon, Barasat (NH35) Road on the day of seizure of the vehicle in question The owner/driver are liable to pay the Govt. revenue as per law including the penalty under section 192 of MV Act, 1988 and road taxes and custodian fee."
(3.) After perusing the materials on record I find that the fine for compounding the offences by the petitioner was assessed by an order dated February 10, 2012 passed by the Motor Vehicles Inspector (Non-Technical) Barasat, North 24-Parganas (at page 40 of this writ application).;