R B LAL Vs. STATE

JUDGEMENT

(1.) THE applicant Sri R. B. Lal, is the Divisional Superintendent, posted at Lucknow, of the northern Railway. Truck registered as U. S. J. 3125 was found being used, on 14-7-1952, without a permit and without a fitness certificate. Hazari Lal was driving the truck and since it was registered in the name of the Divisional Superintendent, who happened at the time to be Sri r. B. Lal he and the chauffeur were prosecuted under Ss, 38/112 and 42/123 of the Motor vehicles Act.

(2.) THE defence of Hazari Lal was that he acted under the orders of his superiors and carried nothing but cash. Sri R. B. Lal pleaded that the vehicle did not require a permit and in any case that was the impression both of the Railway and of the Transport Authorities.

(3.) EVIDENCE was led to prove the fact that the vehicle was plying on a public road without a permit and without a fitness certificate. The defence produced a witness Ram Sunder Pandey to prove that he had gone to the Regional Transport Office on 12-7-1952, the day after that on which the fitness certificate expired, for its renewal. The witness was told by the office people to come some other day. The next day was a Sunday and he went again on 14-7-1952, hut he was again told to come same other time and the office people were busy. On that very day the truck WAS stopped by sub-Inspector Quraishi.