STATE OF WEST BENGAL Vs. URMI GHOSHAL

JUDGEMENT

(1.) Both the appeals and the connected public interest litigation and a writ petition involve common question of law, therefore, they are being disposed of by a common order.

(2.) The State has filed two appeals. The first appeal being MAT No. 2392 of 2000 (State v. Urmi Ghosal) has been filed against the order passed by the learned single Judge dated 26th June, 2000, whereby the writ petition No. 5014(W) of 2000 (Urmi Ghosal v. State) was allowed by setting aside the order of compounding. The second appeal APOT No. 627 of 2000 (Deputy Commissioner of Police v. Md. Noor Alam) has been filed by the Deputy Commissioner of Police against the same order whereby W.P. No. 1797 of 2000 (Noor Alam v. State of West Bengal) was disposed of. The other two writ applications being W.P. No. 2249 (W) of 2001 and W.P. No. 13168 W) of 2000 (public interest litigation) have been filed by Snehasish Bhowmick and Dilip Kumar Sil).

(3.) For convenient disposal of the matters, the facts of MAT No. 2392 of 2000 are taken into consideration. This appeal arose out of the order of the learned single Judge wherein the writ petitioner's vehicle was seized by the appropriate police authority on the plea that the certificate of testing of emission control was not correct one as inspite of such test the vehicle was found to be polluting beyond the permissible limit. On such finding the police authorities initiated action against the petitioner and passed the order for compounding the offence of pollution and imposed a penalty of Rs. 750/-. This levy or penalty of Rs. 750/- as compounding fees was challenged by the petitioner by filing the present writ petition [W.P. No. 5014(W) of 2000]. It was submitted that since the vehicle possessed by the petitioner was tested by the authorised testing center of the State and if it is found to be still polluting, then the fault lies in testing which is attributable to the testing center and not to the petitioner. It was further alleged that if after the checking of the vehicle the police finds that the petitioner's vehicle's emission was still beyond the pollution limit under Rule 258(2) of the West Bengal Motor Vehicle Rules, 1989, then a chance should have been given to the writ petitioner for getting the vehicle checked and rectified, instead of forcing a compounding on the petitioner.