SUSHIL KUMAR DUTTA Vs. STATE OF W B

JUDGEMENT

(1.) The petitioner is the owner of an ambassador car being No. WBD-9652 which is driven by his driver who has a valid licence. The said car at the relevant point of time was issued with "pollution under control" certificate by the Superway Service Station at P-327, C.I.T. Road, Calcutta-700 054, an agency authorised by the State Government to issue a "pollution under control" certificate. The said certificate was issued on November 19,1996 and was valid till May 18, 1997.

(2.) The petitioner filed this writ petition on the allegation that on 31st December, 1996 at about 2 p.m., while he was travelling in his car, the same was intercepted at the crossing of Vivekananda Road and Girish Park by the Traffic Police Officer. The said officer asked the petitioner to show the Smoke Emission Testing Report and the "pollution under control" certificate. The petitioner accordingly produced the said certificate as issued under the provisions of the West Bengal Motor Vehicle Rules, 1989 as above. The said officer further checked the smoke emission of the said car with his instrument and informed the petitioner that the pollution level of the smoke emitted by the car was much above the notified emission standard and consequently because of the alleged offence committed under section 190(2) of the Motor Vehicles Act, 1988 the same was compounded upon realisation of fine of Rs. 750/- under section 200 of the Motor Vehicles Act, 1988 from the petitioner. Sub-Rule (3) of Rule 258 of the West Bengal Motor Vehicles Rules, 1989 provides as under : "Pollution under control" certificate-

(3.) Sub-section (2) of section 190 again reads under :