MINIDEVI TEJ KUMARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The applicant has come forward with a prayer that the orders of the Magistrate dated 4-3-1983, 16-4-1983 and 19-4- 1983, directing that the vehicle can be released only after depositing certain amounts, may be quashed and the truck No. UTZ-1084 may be released.

(2.) The Magistrate in his order stated that certain amounts are due as road tax and as Mal Kar and the entire amount be deposited first. It would no doubt appear that in the first order such dues were shown to be Rs. 15000/- and the applicant was asked to deposit Rs. 20,000/-. Later by order dated 19.4.1983 it was stated that Rs. 5222.75 P. Malkar and Rs. 1592-25 P. as road tax are in arrears, which should be deposited. By my order dated 11.7.1983 at the stage of admission, I directed the Magistrate to determine of the earliest the exact amount due upto 26.1.1983. The Magistrate vide its order dated 22.8.1983, which is annexed, after recording some evidence held that Rs. 835.35 is due as road tax and Rs. 5222.75 P. is due as goods tax and Rs. 10/- per week is payable as penalty until the date of judgment. That order has also been assailed maintaining that the Magistrate has not considered the matter properly and the amount has been determined arbitrarily. Certain amount has already been deposited by the applicant and no amount is due. This has been done by filing a supplementary-affidavit.

(3.) The application has been opposed by the State and a number of arguments have been advanced. It is urged that actually when the very permit has not been renewed, the vehicle cannot be on the road. It is, further, that the vehicle- was checked while on the road and taken into custody by the police. Reliance was placed upon the charge-sheet (Annexure Tilli) in that connection. In the charge-sheet it has been stated that on 26.1.1983 at about 10 A.M. the driver Ashok Kumar with a load of bricks in the truck was proceeding from the direction of Bithur towards Siilghpur when the truck was stopped. The driver bad no papers concerning the truck except his driving licence. Offences under Sections 112, 123, 113 and 16/13 of the Act have been committed. In fact, the charge-sheet has been submitted under some other sections also, i.e. Sections 38, 28 and 112 of the Motor Vehicles Act.