JAYARAM AND Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner in Cr, R. P. 373/1961 is the owner of a van which was registered as a motor car, as spoken to by P.W. 1 who is the Sub-Inspector of Motor Squad. The petitioner in Cr. R. P. 374/1961 is his driver.

(2.) The prosecution case was that the motor car owned by the petitioner in Cr. R. P. 373/1961 was used by the petitioners for carrying passengers on hire and that therefore, an offence had been committed by the owner punishable Under Section 42 of the Motor Vehicles Act, and that the driver bad committed an offence punishable Under Section 123 of the Motor Vehicles Act.

(3.) Section 42(1) on which the prosecution depends, reads: