Calcutta High Court (Appellete Side)
2369W/2006 on 20 September, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1
11 30.09.2011 W.P. 2369 (W) of 2006
Sd.
Mr. S. M. Hasan.
...For the Added Respdt.
Mr. Anindya Mitra, Ld. Advocate General,
Mr. Ashok Banerjee, Ld. Govt. Pleader.
Mr. Tapan Kumar Mukherjee.
...For the State.
Mr. Hasan, learned Advocate appears for the respondents and
submits that he may be granted leave to file his affidavit in response to the show cause notice issued by this Court.
It is contended by the learned counsel appearing for the respondent that the respondent is entitled to use red beacon light/hooter on his motor vehicle since the time of his great grand father as per the Charter issued by the British Government in the year 1943 and he was enjoying the privilege till he died in the year 1988. We will highly appreciate if all these submissions are placed in an affidavit along with the document in support of it.
It is not disputed that as per the present Rules and Regulations governing the decision to use red beacon light/hooter under the Central Motor Vehicles Act as well as the State Act, the respondent is not authorized to use the same and, therefore, we direct the respondents to immediately seize the red beacon light/hooter on his motor vehicle.
Further, it is also brought to our notice that the respondent is using the National Emblem on his letter head as well as visiting cards which is not permitted as he is not authorized to do so and, therefore, he should desist from using National Emblem on his letter head and Visiting Cards. In case the respondent claims that he is entitled to use the same, he may place on record such authority conferred on him. We make it clear that this is not a right secured by way of inheritance but can only be conferred by Statute or Rules and Regulations made therein and governing the subject. The attention of the respondent is drawn to the fact that misuse or abuse of red beacon light on motor vehicles used 2 by the respondent or the National Emblem used on the letter head and visiting cards would attract prosecution.
We grant the respondent to file his affidavit on or before the next date.
Let the matter appear in the list on 18th November, 2011. Photostat plain copy of this order duly countersigned by the Assistant Registrar (Court) be given to the learned counsel for the parties on usual undertaking.
(J.N.PATEL,CHIEF JUSTICE) (ASHIM KUMAR ROY, J.) 3