PUBLIC PROSECUTOR Vs. YELLAGADDA RAMAKRISHNA RAO

JUDGEMENT

(1.) This is an appeal against the judgment of the Judicial Second Class Magistrate, Rajahmundry, in C. C. 313 of 1962 by which he acquitted the respondents of offences under Sections 123 and 125 of Motor Vehicles Act, 1939 (Act IV of 1939) and the 1st respondent (A-1) of an offence under Section 7 of the Motor Vehicles Taxation Act, 1931 (Act III of 1931).

(2.) The following are the relevant facts : On 29-4-1962 the Motor Vehicles Inspector, Kakinada, checked a tractor and trailor combination bearing Registration Nos. A. P. P. 3795 respectively at Kadiam. The vehicles were carrying bricks, a building material. The owner of these vehicles is the 1st respondent. At the time of the checking, the 2nd respondent was driving the tractor. The driver did not produce the registration certificate, the insurance certificate, the driving licence, the permit and the fitness certificates. The tax for the quarter ending 30-6-1962 was not paid. No tax disc was exhibited. The Officer seized the vehicles and handed them to the Police at Dowleswaram. The respondents were prosecuted for offences under the Motor Vehicles Act and the Motor Vehicles Taxation Act.

(3.) The Judicial Second Class Magistrate acquitted the respondents of the offences as above stated in the view that a tractor was not a transport vehicle within the meaning of Section 2 (33) of the Motor Vehicles Act. that Section 38 of the said Act had therefore no application and there was therefore no liability to produce the fitness certificates and the certificate of insurance and further that an offence under Section 7 of the Motor Vehicles Taxation Act was not committed as there was no proof that the vehicles were used for non-agricultural purposes throughout the quarter. The learned Magistrate purported to follow the decision of Sanjeevarow Naidu, J. in In Re. Rayala Rama Rao, 1960 ALT 171 : (AIR 1961 Andh Pra 66) in finding as above.