VISHWA NATH Vs. STATE

JUDGEMENT

(1.) This is a reference made by the learned Sessions Judge, Lucknow recommending that the conviction and fine imposed upon Vishwanath applicant Under Sec. 123, Motor Vehicles Act, 1939, read with Sec. 22 of the said Act be set aside.

(2.) The applicant was the owner of a tractor and a trailer and he was prosecuted because he had failed to get the trailer registered according to the requirements of Sec. 22 of the Motor Vehicles Act. The Sessions Judge came to the conclusion that because the trailer was attached to the tractor at the time when it was on the roads, therefore, in view of the language of Sec. 40(2) of the Motor Vehicles Act a separate registration of the trailer was not necessary.

(3.) I have heard the counsel for the applicant as well as the counsel for the State and in my opinion that reference made by the learned Sessions Judge is not in keeping with the law and so it cannot be accepted. I now proceed to give my reasons.