ASSISTANT REGIONAL TRANSPORT OFFICER Vs. NAGARAJ

JUDGEMENT

(1.) In this Appeal by the State, the order of the Learned Single Judge passed in Writ Petition No. 5395 of 1980 is called in question.

(2.) A few facts which are necessary for the disposal of the appeal are as follows :--Respondent is the owner of vehicle bearing registration No. APC 4699 Admittedly, as on the date. when a case was lodged before the Magistrate it was not covered by any permit. The respondent, however, Intimated the non use of the vehicle in question for the period from 1-11-1977 to 31-12-1978 inasmuch as according to the respondent, the vehicle was surrendered along with the documents.

(3.) The undisputed fact further discloses that on 2-6-1978, the vehicle was found plying with full complements when it was shopped by a Motor Vehicle Inspector. Therefore, the authorities prosecuted the respondent before the Magistrate. The Learned Magistrate, having found the respondent guilty under Section 12, convicted him and imposed a penalty, of Rs. 4.290/-, an amount equivalent to tax payable for the quarter.