STATE OF MAHARASHTRA Vs. ANNARKHAN SULEMANKHAN MUSALMAN

JUDGEMENT

(1.) THE State has challenged the order of acquittal of the respondent passed by the Judicial Magistrate, First Class, Wani acquitting the respondent of the offence for contravention of section 42 of the Motor Vehicles Act, 1939 punishable under section 123 of the said Act.

(2.) RELEVANT facts are that the respondent was found carrying 20 passengers in the truck driven by him bearing No. MHG 784 on 24-9-1982 by P. W. 1 Suresh Sant, Security Officer, Maharashtra State Road Transport Corporation Respondent had no pass or permit in his possession allowing the carriage of passengers in the said truck. Therefore, he was prosecuted for contravention of section 42 punishable under section 123 of the Motor Vehicles Act, 1939.

(3.) THE learned Magistrate accepting the position that factually respondent was carrying passengers in his truck on the date in question without any pass or permit in his possession, came to the conclusion that inasmuch as section 42 of the Motor Vehicles Act says that no owner of the motor vehicle shall use or permit the use of such vehicle save in accordance with the conditions of the permit, do apply only to an owner of the vehicle and not against the driver. He, therefore, came to the conclusion that respondent who was only a driver of the vehicle not being the owner was not liable for prosecution for contravention of section 42 punishable under section 123 of the Motor Vehicles Act.