PRIYASHA BHATTACHARYYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner prays for quashing of an order dtd. 20/5/2022 passed by the Assistant Commissioner of Police, Traffic Department, Kolkata. By the impugned order, the Driving Licence of the petitioner was suspended for 90 days from the date of interception. The petitioner prayed for release of the Driving Licence by a mail of 21/5/2022 by which the petitioner also attached copies of proof of payment of the penalty.

(2.) The documents on record show that the petitioner's car was intercepted on 19/5/2022 while the petitioner was driving from South City Mall to her residence in New Alipore. The petitioner's car was intercepted by the Traffic Sergeant (respondent no. 6) at the Southern Avenue-Lake Gardens interception. The photograph of the car with the registration number gives the particulars of violation and shows that the petitioner was driving at a speed of 62.1 km/hr whereas the speed limit on the particular road was 30 km/hr.

(3.) Learned counsel appearing for the petitioner and the State have made their arguments on the legality of the action of the police to suspend the Driving Licence of the petitioner based on the relevant provisions of The Motor Vehicles Act, 1988 and the Notification issued by the Transport Department of the Government of West Bengal. Counsel appearing for the petitioner also places an order of a Coordinate Bench dtd. 4/7/2019 in WP No.11780(W) of 2019 where, on similar facts, the Court gave interim relief to the petitioner. Counsel also relies on a judgment of the Delhi High Court reported in AIR 2016 Delhi 162 in support of the contention that the police does not have the authority to suspend a driving licence.