MANAGER RAJALAKSHMI MOTOR SERVICE Vs. STATE

JUDGEMENT

(1.) THE petitioners in this case have been convicted by the Stationary Sub-Magistrate of Octacamund, under Section 42 (1) read with Section 123, Motor Vehicles Act. Petitioner 1 (accused 1) was sentenced to pay a fine of Rs. 100 and petitioner 2 (accused 2) to a fine of Rs. 5. Both the conviction and sentence were confirmed in appeal by the District Magistrate, Coimbatore.

(2.) PETITIONER 1 is the Manager of a bus service called the Rajalakshmi Motor Service at Ootacamund. On 14-3-1955, A. 2, the driver was found driving bus No. M. D. N. 2284 towards Gudalur with 28 passengers on a special trip. The evidence discloses that this bus went on the trip with the consent of petitioner 1 herein. The charge against him for this is that he had done this without a special permit under Section 42, Motor Vehicles Act. That it is a stage carriage is not disputed. Section 42, Motor Vehicles Act runs as follows: No owner of a transport vehicle shall use or permit the use of the vehicle in a public place save in accordance with the conditions of a permit granted or counter-signed by a Regional or Provincial Transport Authority authorising the use of the vehicle in that place in the manner in which the vehicle is being used. Provided that, a stage carriage permit 'shall' (underlining (herein is mine), subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage. That this stage carriage was used as a contract carriage on the date in question is also not disputed. The only question is whether any special permit is required under Section 42. The proviso clearly shows that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage. Clause 8 of Part B of the permit is as follows: The stage carriage may be used as a contract carriage within the areas specified below provided that no interruption is caused to the stage carriage service subject to the following conditions. The conditions are given separately and condition No. 28 is as follows):

(3.) THE petitioners are not guilty of the offence. The conviction and sentence are set aside and the fines, if paid, will be refunded.