ASSTT R T OFFICER Vs. P 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 is 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 compliments when it was stopped by a Motor Vehicle Inspector. Therefore, the authorities prosecuted the respondent before the Magistrate. The learned Magistrate, having found the respondent guilty under S.12, convicted him and imposed a penalty, of Rs. 4.290/- an amount equivalent to tax payable for the quarter.