EMPEROR Vs. RAMDAS NATHUBHAI SHAH

JUDGEMENT

(1.) THIS is a reference made by the Sessions Judge of Poona. It raises a question, which must be of very common occurrence, and indeed this has been argued as a test case.

(2.) THE accused had a driving license, which expired on February 2, 1941, and on February 17 his license was examined, and was found to have expired, On the same day, However, he went to the Regional Transport Officer, and renewed his license, and the renewal was granted. A complaint was lodged against him on June 13, and he was convicted by the learned Magistrate under Section 112 of the Motor Vehicles Act for not having had an effective license on February17. THE learned Sessions Judge has referred the matter to us, because he thinks that the conviction was wrong.

(3.) ON that ground the reference must be accepted, the conviction set aside and the fine, if paid, be refunded.