VARUTHAKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a revision petition filed by the accused who had been convicted by the Sub Magistrate of Ernakulam for an offence under S.42 (1) read with S.123 (1) of the Motor Vehicles Act - Central Act 4 of 1939 - (hereinafter referred to as the Act). On appeal to the District Magistrate the conviction and sentence were confirmed. The petitioners thereupon filed a revision before the Sessions Court of Ernakulam, and when that was also dismissed they have come up in revision to this court.

(2.) The first accused is the owner and the 2nd accused is the driver of motor car No. KLR. 3054. The car has been registered in the office of the Regional Transport Authority in the name of the first accused as a motor car to carry 10 persons. On 19-8-60 Pw. 1 the Sub Inspector of Police, Ernakulam Town, South Police Station checked the vehicle. There was then in the vehicle two big jars containing six gallons of toddy in each of the jars.

(3.) In having carried goods in the car the vehicle has been used as a transport vehicle without a permit in contravention of the provision of S.42 (1). an offence punishable under S.123 (1) of the Act. The petitioners contend that what they were carrying could not be considered as goods coming within the definition of goods and it was only the owners luggage.