- (1.) The petitioners in this WP under Article 226 dated March 29, 2012 are seeking the following principal reliefs: (a) A Writ in the nature of Mandamus directing the respondent authorities particularly the respondent No. 5 to forthwith return the driving licence purportedly seized by the respondent No. 5 on 24th March, 2012 to the petitioner No. 2. (b) A Writ in the nature of Certiorari commanding the respondents to forthwith and/or immediately certify and/or transmit to this Hon'ble Court the entire records and/or proceedings forming subject matter of the instant case so that conscionable justice may therein be administered by setting aside and/or quashing the compound slip and/or purported seizure list issued by the respondent No. 5. The fifth respondent is: "Debashish Mukherjee, Inspector of Police, O/C. Kona Traffic, Howrah." and the compound slip-cum-seizure list referred to in prayer (b) is dated March 24, 2012 and a copy thereof is at p.28 of the WP. It was issued by the fifth respondent.
(2.) In the compound slip-cum-seizure list it was written that the fifth respondent issued it in exercise of power conferred on him by sub-section (1) of section 200 of the Motor Vehicles Act, 1988; and that the second petitioner had committed offence under section 177 of the Motor Vehicles Act, 1988, because in contravention of the provisions of Rule 138(3) of the Central Motor Vehicles Rules, 1989 he was driving the seized vehicle without wearing the seat belt provided in the vehicle.
(3.) The fifth respondent offered to compound the offence in exchange for Rs. 100 fine payable within fifteen days. He mentioned that the second petitioner's failure to compound the offence would lead to institution of a prosecution before the appropriate Court of law. The fifth respondent at once impounded the second petitioner's driving licence in exercise of power under section 206(2) of the Act and issued a temporary acknowledgement under section 206(3). It was mentioned that if the second petitioner wanted to contest the prosecution, then he should appear before the Chief Judicial Magistrate, Howrah.;