Decided on October 15,1996

Mrityunjoy Singh Appellant
State of West Bengal and Others Respondents


Samaresh Banerjea, J. - (1.)The present Writ Application was moved by the writ petitioner Sri Mrityuajoy Singh through his learned Advocate on record Mr. Samarjit Ghosh on 10th May, 1996 challenging the seizure of the vehicle of the petitioner bearing Registration No WML 109. It was alleged in the writ petition, inter aha that the said vehicle was proceeding through Cuttack in Orissa when it was intercepted by the Motor Vehicles Inspector and certain documents including Registration Certificate, Permit and Tax Token were seized by the Authorities at Orissa for taking further action for carrying goods allegedly without bill of loading. It was further alleged in the writ petition, that on or about 2nd March, 1996, when the said vehicle was carrying some goods and was passing through Burdwan District the said vehicle was intercepted by the Motor Vehicles Inspector, Burdwan. He asked for production of relevant document the driver of fir e vehicle produced the document ts which were in his possession before the Inspector and allegedly explained to the Motor Vehicles Inspector that the other relevant documents of the vehicles were seized by the Authorities in Cuttack and hence the said driver produced xerox copies of such other documents including tax token showing payment of tax. It was alleged in the petition inspite of the same the said Inspector, Burdwan seized the available documents and issued a seizure list and the petitioner was asked to appear before him on 27th March, 1996
(2.)It is on the aforesaid averments made in the writ petition this Court prima facte being satisfied that the vehicle of the petitioner could not be seized for want of documents when the driver of the vehicle produced before the Authorities xerox copies of the same and his inability to produce the documents was apparently beyond his control the same being seized by the Authorities at Cuttack, an interim order was granted on 10th May, 1996 to the effect that in the event the writ petitioner furnishes a Bank Guarantee amounting to Rs. 75,000.00 in favour of Motor Vehicles Inspector, Burdwan, the vehicle in question shall be released to the petitioner forthwith. It was further directed that the petitioner would be liable to produce the vehicle as and when directed by the respondent No. 2 until further orders of the Court.
(3.)It is also to be placed on record that on the said date before such interim order was granted this Court initially wanted to direct furnishing of a Bank Guarantee for a higher amount. But as the learned Advocate on record appearing for the petitioner after taking instructions from his client who was present in Court expressed the inability of the petitioner to furnish Bank Guarantee for a higher amount it was ultimately directed that Bank Guarantee for Rs. 75,000.00 shall be furnished.

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