- (1.) The petitioners are the joint owners of a bus, which has been granted permit to provide stage carriage service on the route Dakshineswar to Park Circus (hereafter the route). The bus was involved in an accident on December 7, 2013 resulting in the death of a pedestrian. Consequently, Baranagar P.S. Case No. 705/13 dated December 7, 2013 under Sections 279/338/304A, Indian Penal Code has been registered. An investigation is in progress. In connection with such investigation, the bus has been seized vide seizure list dated December 8, 2013. The investigating officer issued notices dated December 10, 2013 and December 14, 2013, under Section 91, Code of Criminal Procedure (hereafter the Cr.P.C.) and called upon the petitioners to produce the driver of the bus along with other documents mentioned therein. However, since the driver is absconding and evading arrest, he was not produced before the investigating officer.
(2.) By a representation dated December 8, 2013 addressed to the Officer-in- Charge, Baranagar Police Station, the petitioners while enclosing photocopies of papers/documents relating to the bus also enclosed copy of an order dated May 21, 1999 passed by an Hon'ble Division Bench of this Court in MAT 1744/1999 (Bengal Bus Syndicate & ors. vs. State of West Bengal & ors.) and prayed for immediate release of the bus as per Section 136 of the Motor Vehicles Act, 1988 (hereafter the Act). Such representation was followed by further representations addressed to the investigating officer dated December 12, 2013 and December 18, 2013 with similar prayers for release of the bus. Since the bus has not been released, the petitioners have presented this writ petition seeking, inter alia, the following relief: "a) A writ in the nature of Mandamus commanding the respondents, each one of them, their men, servants, agents and/or assigns to act and proceed in accordance with law particularly in accordance Section 136 of the Motor Vehicles Act, 1988 and the order dated 21st May, 1999 passed by the Hon'ble Division Bench of this Hon'ble Court in M.A.T. No. 1744 of 1999 (Bengal Bus Syndicate & ors. Vs.- State of West Bengal & ors.); b) A writ of and/or in the nature of Mandamus commanding the respondents, each one of them, their servants, subordinates and/or assigns to release the bus of the petitioners bearing registration number WB-04D-4443 within a specified time as may be directed by this Hon'ble Court;"
(3.) Mr. Dutta, learned advocate representing the petitioners referred to the decision in Bengal Bus Syndicate and contended that the investigating officer acted illegally and in a high-handed manner in not releasing the bus in their favour. According to him, the Act being a special statute would prevail over the general law i.e. the Cr.P.C. and since the order dated May 21, 1999 is binding on this Court, release of the bus at the earliest ought to be directed. In course of hearing, it has further been brought to my notice by him that Section 136 was amended in 1994 and the words "without unnecessary delay" have been substituted by the words "within twenty-four hours", meaning thereby that return of a motor vehicle involved in an accident after examination cannot brook any delay and that it has to be returned immediately to ensure that a stage carriage operator does not stand to lose by reason of non-plying of his vehicle.;