STATE OF MAHARASHTRA Vs. VASANT BABURAO

JUDGEMENT

(1.) THIS revision arises out of a reference made by the Sessions Judge, Nagpur, under Section 438 of the Code of Criminal Procedure.

(2.) VASANT son of Baburao and Baburao son of Mayaram driver and conductor of bus No. M. P. B. 411 belonging to the C. P. T. S. were prosecuted under Section 123 read with Section 42 and rule 79 (viii) of the Motor Vehicles Act. The charge against them was that they should have carried 35 passengers as per permit, but they actually carried 53 adults and one passenger below 12 years of age. They pleaded guilty and were in a summary trial convicted under Section 123 (1) of the Motor Vehicles Act read with the Section 42 (1) ibid and Rule 79 (viii) of the Rules framed under it. They were fined Rs. 100/- each, or in default to suffer simple imprisonment for 45 days. It was admitted by the non-applicants Vasant and Baburao that the bus had an authorized seating accommodation of 35 passengers and they were carrying 53 1/2 passengers in the bus at the material time.

(3.) THE Sessions Judge has recommended that the conviction of the applicants under the above sections be set aside as Section 42 (1) of the Motor Vehicles Act refers only to the owner and not to the drivers or conductors.