The petitioner has approached this Court inter alia seeking for releasing his vehicle bearing Registration No.KL 31 5481 and also for a declaration that he has not committed any offence. According to him, he was transporting ordinary earth with valid permission from the competent authority. But despite producing the same, the second respondent has seized the vehicle on 5.5.2014. 2. The learned Government Pleader, on instructions, would submit that the transportation was done in violation of the conditions imposed and according to him, the cash memorandum prepared is subsequent to the time of seizure. This fact is disputed by the learned counsel for petitioner.
In the above circumstances, having regard to the nature of dispute raised by the learned Government Pleader, I am of the view that this writ petition can be disposed of as under.
W.P.(C).No. 12196 OF 2014 2
i) If the petitioner is willing to compound the offence, it shall be open for the petitioner to pay a fine of Rs.25,000/- (Rupees twenty five thousand only) and compound the same, in which case, the vehicle shall be released immediately after the payment of the said fine amount; or in the alternative.
ii) The second respondent shall place the vehicle before the learned Magistrate having jurisdiction in the area and on production of the same, it shall be open for the petitioner to approach the learned Magistrate and seek further orders in this regard.
A.M.SHAFFIQUE, JUDGE jm/