SUSHIL KUMAR @ SUNIL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has filed this writ petition seeking issuance of a writ of certiorari/mandamus for quashing demand notice dated 24.6.2002, on the ground that it has been issued against the provisions of Section 78 of the Punjab Municipal Act, 1911. The petitioner is stated to be proprietor of a firm M/s Pritam Pal and Sons, Satta Bazar, Kot Kapura, District Faridkot. In the course of business he had purchased 120 bags of chewable tobacco weighing 14kg. each at the rate of Rs.1850/ -per bag, having total value at Rs. 2,22,000/ -. This tabacco was sent by a firm situated at Pipli through transport i.e. on Tata Canter bearing No.HR -22/6671 together with necessary documents on 21.6.2002. The driver of the Canter was halted at Octroi Post, Moga Kotkapura. The petitioner firm was called upon to pay the necessary Octroi. According to the petitioner, the Inspector who was on duly had started demanding extra money than the amount due on account of octroi charges. The petitioner, therefore, refused to make the payment. It is further stated in the petition that because the petitioner did not agree, the Octroi Staff illegally and falsely took the Canter along with the goods as well as the relevant documents into illegal custody. They demanded 21 times the octroi. According to the petitioner, they manipulated a falls case of Octroi evasion. The explanation given to respondent Nos.2 and 3 have also not been accepted. This writ petition was filed on 1.7.2002. It was submitted that the impugned order is without jurisdiction as the penalty could only be imposed by a Criminal Court.

(2.) THE learned Counsel has relied upon a judgment of this Court in case of Jatender Kumar Bag v. State of Punjab, 2000(2) R.C.R. 534 in support of the aforesaid submissions. According to the learned Counsel since no criminal complaint has been filed tilt today, no penalty could be imposed by the respondents.

(3.) TO -day Mr. Pathela has appeared on behalf of the respondents. Due to paucity of time, a sort affidavit has been filed by the Executive Officer of the Municipal Committee. Shri Pathela has also produced in Court the relevant file pertaining to the transaction which had led to the filing of the present writ petition.