IN RE: R. KANNIAH AND ANOTHER Vs. STATE

JUDGEMENT

(1.) THE facts emerging from this appeal against the conviction of the Appellants fall within a narrow compass. On 30th November, 1968, at 5 p. m., in Mount Road near the Majestic Hotel, the first Appellant R. Kanniah was seen driving the vehicle, Bus MSQ. 5583. P. W. 2 checked the omnibus and found the same being used as a stage carriage from Salem to Madras, collecting individual fare of Rs. 10 from each passenger. The gravamen of the complaint by the Inspector of Police, Traffic is, these Appellants 1 and 2 violated one of the permit conditions. The Third Presidency Magistrate found the Appellants guilty under Section 42(1) read with S. 123 of the Motor Vehicles Act, 1939.

(2.) P . W. 1 is a Reserved Sub -Inspector attached to Flying Squad. He was travelling in Bus MSQ. 5585 from Salem. He got into the bus at 10 p. m. on 29th November, 1968 to reach Madras. The first Appellant collected Rs. 10 from him and made an entry in the chit Ex. P -1. No ticket was issued to him, but his name is found in Serial No. 18. On 30th November, 1968 at 5 a. m. in front of Majestic Hotel at Mount Road, the bus was checked by P. W. 2. His further evidence is that the bus was having a board "Contract Carriage". He did not know whether there was a conductor in MSQ 5585 driven by the first Appellant near the Majestic Hotel, Mount Road on 30th November, 1968 at 3 a. m. There were 27 passengers in the vehicle, according to P. W. 2. P. W. 2 stated that there is no conductor in the bus. He asserted that the second Appellant is the owner of the vehicle, but he stated later that as per version of the first Appellant, the second Appellant is the owner of the vehicle. He admitted that he did not ask for the production of the registration certificate and the insurance certificate. It was suggested to P. W. 2 that the second Appellant is not the owner of the vehicle. P. W. 2 also stated that all the passengers were from Salem and they were bound for Madras.

(3.) S . 42(1) of the Act runs thus: -