STATE OF MYSORE Vs. SULAIMAN DA WOOD

JUDGEMENT

(1.) This appeal by the State is directed against the judgment and order dt.18-11-1969 passed by the Judicial Magistrate, First Class, Bhatkal, in Crl. Case No.658 of 1969, acquitting the respondents (who were accused Nos.1 and 2 respectively before him and who will also hereinafter be referred to as accused 1 and 2) of the offences under Ss.42 and 123 of the Motor Vehicles Act, 1939, which will be hereinafter referred to as the Act.

(2.) Accused-2 was the owner of a motor vehicle bearing registration No.MYX-6887, and accused-1 was its driver. The said vehicle was run, as a contract carriage, from Mangalore to Bombay and back. Ex.P1 is a certified copy of the permit issued by the Regional Transport Officer of Mangalore and countersigned by the State Transport Authority of Maha rashtra State, and the route specified therein was Mangalore to Bombay and back via Udipi, Coondapur, Hulikal, Thirthahalli, Shimoga, Harihara, Hubli, Belgaum, Nippani, Satara and Poona.

(3.) The prosecution case was that on 11-8-1969 at about 2-30 PM., the RTO of Karwar(PW.2) found the said vehicle going on Bhatkal- Sirsi road near Kuntavani and not on the specified route viz., Balebile Ghat and Shimoga, and passengers were picked up in the middle of that route, and the trip-sheet was also not maintained by the driver (accused-1). Therefore, both the accused were prosecuted under Ss.42 and 123 of the Act, for having contravened the conditions of the permit by taking the vehicle on a route not specified in it and also for having picked up passengers in the middle of that route. Accused-1 was further prosecuted for an offence under Sec.112 of the Act read with sub-rules(1) and (2) of Rule 149 of the Mysore Motor Vehicles Rules, 1963, which will hereinafter be referred to as the Rules, for not having maintained the trip-sheet.