PRABIR KUMAR SAMANTA, J.

( 1 ) THE petitioner is the owner of an ambassador car being No. WBD-9652 which is driven by his driver who has a valid licence. The said car at the relevant point of time was issued with "pollution under control" certificate by the Superway Service Station at P-327, C. I. T. Road, Calcutta-700 054, an agency authorised by the State Government to issue a "pollution under control" certificate. The said certificate was issued on November 19,1996 and was valid till May 18, 1997.

( 2 ) THE petitioner filed this writ petition on the allegation that on 31st december, 1996 at about 2 p. m. , while he was travelling in his car, the same was intercepted at the crossing of Vivekananda Road and Girish Park by the traffic Police Officer. The said officer asked the petitioner to show the Smoke emission Testing Report and the "pollution under control" certificate. The petitioner accordingly produced the said certificate as issued under the provisions of the West Bengal Motor Vehicle Rules, 1989 as above. The said officer further checked the smoke emission of the said car with his instrument and informed the petitioner that the pollution level of the smoke emitted by the car was much above the notified emission standard and consequently because of the alleged offence committed under section 190 (2) of the Motor Vehicles act, 1988 the same was compounded upon realisation of fine of Rs. 750/- under section 200 of the Motor Vehicles Act, 1988 from the petitioner. Sub-Rule (3) of rule 258 of the West Bengal Motor Vehicles Rules, 1989 provides as under : "pollution under control" certificate- (A) Every motor vehicle will have to obtain a "pollution under control" certificate showing that the smoke emission level from that vehicle is within the limit prescribed hereinbefore. A "pollution under control" certificate will remain valid for a period of six months from the date of its issue. (b) A "pollution under control" certificate issued only by a State Government department or an agency authorised by the State Government to test smoke emission level in the Form prescribed in this behalf will be accepted for the purpose of these rules. (c) Notwithstanding the provisions contanied in clause (a), the authority, if it so thinks fit, may direct a vehicle to be tested in spite of its having a valid "pollution under control" certificate. (d) Agencies authorised by the State Government to test smoke emission level will charge such fees for different categories of vehicles as will be prescribed by the Government by order from time to time. (e) The State Government may, by issue of an order, delegate the power to the Director, Public Vehicles Department, for the city of Calcutta, or to the District Magistrates for their respective districts or to any other officer subordinate to them as the State Government may think fit, to authorise an agency to test smoke emission level.

( 3 ) SUB-SECTION (2) of section 190 again reads under :"any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air pollution, shall be punishable for the first offence with a fine of one thousand rupees and for any second or subsequent offence with a fine of two thousand rupees. "

( 4 ) UPON reading of the aforesaid provisions of the said Rules it is apparent that once certificate for "pollution under control" is issued by an agency authorised by the State Government there cannot be any scope for holding that a person, who drives or causes or allows to be driven in any public place a motor vehicle which has been issued with such "pollution under control" certificate is guilty of the offence of violating the standards prescribed under the said Rules in relation to air pollution unless it is established that such certificate was issued by such agency fraudulently at the instance of the person who is responsible for the maintenance of the

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