MUTHAYA MOILY Vs. RTO D K DIST

JUDGEMENT

(1.) The petitioner owns a lorry bearing No MYG 6269. The registration certificate of the vehicle was suspended for three months by the Regional Transport Authority, Dakshina Kannada Dist. (the RTO.) who also called upon the petitioner to pay tax in respect of the vehicle for the period from 1-10-75 to 31-3-1976 The petitioner's appeal to the Deputy Comissioner for Transport against the said action was dismissed. Hence this writ petition.

(2.) The registration certificate was suspended on the ground that the vehicle was found carrying ' without permit 90 quintals of rice with bogus registration No. MYG. 6357 The petitioner did not give explanation to the show cause notice issued against him. Perhaps, he was busy before the Criminal Court. He was also prosecuted for the same offence in CC No 835 of 1975. But the Additional Munsiff and J M. F. C. Coondapur, who tried the case, acquitted the petitioner for want of proof of commission of the offence The acquittal was recorded on the ground that the prosecution failed to prove that the petitioner used his lorry to transport without permit 90 quintals of rice.

(3.) The order of acquittal has become final since no appeal was preferred by the State.