Hon’ble Ravindra Singh, J.—This application has been filed by the applicant Deo Raj Singh with a prayer to quash the order dated 27.8.2008 passed by learned Addl. Chief Judicial Magistrate, Aligarh in case No. 1453 of 2008 whereby the application filed by the applicant for releasing the vehicle No. U.P. 81 F 9077 has been rejected and to issue a direction for releasing the vehicle No. U.P. 81 F 9077 (Mini bus) in favour of the applicant subject to furnishing adequate security by the applicant to the satisfaction of the authorities concerned or to pass such other order which this Hon’ble Court may deems fit and proper in the facts and circumstances of the case.

2. The facts in brief of this case are that during course of the usual checking of the vehicles, the vehicle No. U.P. 81 F 9077 (Mini Bus) belonging to the applicant was seized on 10.6.2008 by Assistant Regional Transport Officer (Enforcement) hereinafter referred as A.R.T.O. (E), under the provisions of Section 207 of Motor Vehicle Act 1988 vide Seizure No. 616181 on the following grounds:

1. Driving license has not been shown,

2. Fitness certificate of the vehicle has not been shown,

3. The registration certificate of the vehicle has not been shown,

4. The tax deposit certificate has not been shown,

5. Additional tax deposit certificate has not been shown,

6. Certificate of insurance of the vehicle has not been shown,

7. Pollution certificate of the vehicle has not been shown,

8. The vehicle was carrying 40 passengers, out of 15 passengers were sitting on the roof of the vehicle.

9. Due to non-availability of the registration certificate, the capacity of carrying the passengers could not be known,

10. Without having any permit the vehicle was plying towards Chandaush.

3. After seizing the above mentioned vehicle the same was kept at the police station Gauhana, thereafter the applicant moved an application in the Court of learned A.C.J.M., Court No. 1 Aligarh for releasing the vehicle in his favour by claiming himself to be bonafide owner of the vehicle concerned, the same has been rejected by learned A.C.J.M., Court No. 1, Aligarh on 27.8.2008, being aggrieved from the order dated 27.8.2008 this application has been filed by the applicant with a prayer to exercise the inherent powers conferred under Section 482, Cr.P.C.

4. Heard Sri A.R. Debey, learned counsel for the applicant and learned A.G.A. for the State of U.P. and perused the record.

5. It is contended by learned counsel for the applicant that the applicant has purchased the vehicle No. U. P. 81 F 9077 from Rakesh Kumar, the same was transferred on 9.7.2003, whereas any vehicle cannot be transferred unless and until the taxes etc. are cleared off. The vehicle was purchased in the name of the applicant by the transferred authority, it shall be presumed that up to 9.7.2003 no tax was due against the aforesaid vehicle. The vehicle of the applicant was illegally challaned by the A.R.T.O. (E), Aligarh under Section 207 of the Motor Vehicle Act on the basis of the false and frivolous allegation.

6. Against seizure of the vehicle the applicant submitted an application dated 7.8.2008 before A.R.T.O. (E), Aligarh with a prayer that the vehicle was illegally seized therefore an opportunity of being heard may be provided before passing any order but A.R.T.O. (E), Aligarh did not pass any order on that application, thereafter the applicant filed an application in the Court of learned A.C.J.M., Court No. 1 Aligarh wherein information/challaney report was sought from A.R.T.O. (E), Aligarh. In pursuant to the information sought by the Court concerned, the report has been submitted that therein the vehicle has been seized on 10.6.2008, the same is kept at police station, Gauhana because no relevant documents could be shown to A.R.T.O. (E) and the additional tax of Rs. 5,21,320/- was due against the vehicle. The report of additional tax submitted by transport authority was illegal and the tax was imposed without affordi