Calcutta, April 6: Police today “seized” the car state election commissioner Meera Pande has been using to investigate the charge that she had wrongly used the national emblem on it.

However, they made a concession for the 63-year-old official in the middle of a legal battle with the state government over the panchayat polls and allowed her to use the car.

Although officially “seized”, the car hired by the state election commission has been left in the custody of its owner, also the car’s driver.

“We have seized the car since it remains the most vital evidence in the case,” said a senior officer of Shakespeare Sarani police station, under whose jurisdiction the commission’s office falls.

“We would produce it before court. The car has been returned to its owner but he will have to bring it to us when we need it for court production.”

Pande’s car came under the scanner after Behala resident Kamal Dey lodged a police complaint on April 2 accusing her of illegally using the national emblem.

Dey’s charge was first recorded as a “general diary” since the police felt that the complaint was non-cognisable in nature. On April 3, the police moved Bankshall court seeking permission to draw up an FIR. Only after the court gave the nod, a probe was initiated.

“After the court gave us the necessary clearance, a case was registered under the State Emblem of India (Prohibition of Improper Use) Act, 2005, and a probe was initiated,” the officer at Shakespeare Sarani police station said. “The seizure of the car was part of the probe.”

Officers said the car was the most crucial evidence since the complaint was about illegally using the national emblem on it. “We will have to produce the car before the court and explain that this was the vehicle on which the national emblem was allegedly used illegally. We would have to even point out where the national emblem was placed,” the officer said.

The white car “seized” by the police did not sport the national emblem today. Sources said it was apparently removed after the complaint was lodged.

As part of the probe, officers today also interrogated the driver, who claimed he was also the owner. The police refused to identify him by name.

“He admitted that the emblem was used on the car by mistake and has now been removed,” an officer of the police station said. “The man said he had bagged the contract for plying after participating in a tender floated by the state election commission two years ago.”

Dey, the complainant, said: “According to the law, among officials of the state, only the governor is entitled to use the emblem on his car.” (See chart)

“The picture of the car I have submitted to the police shows the national emblem in the middle of a red circular plate that says West Bengal State Election Commissioner,” he added.

The car is a private vehicle hired by the commission. A police source said in such a case, the owner of the car was liable to be punished. However, Dey said Pande was the offender “since the car bears the name of her post and not the institution”.

Various government departments hire cars from private agencies based on a guideline framed by the finance department.

The police said they would have to get clearance from the Union government if they wanted to draw up a chargesheet.