RAYALA RAMA RAO Vs. STATE

JUDGEMENT

(1.) The petitioner in both the oases is one Rayala Ramarao, who was prosecuted under the provisions to be noticed below of the Motor Vehicles Act. There were originally three prosecutions against him and the cases are numbered as C.C. Nos. 903, 004 and 905 of 1958 on the file of the 1st Addl. Judicial IInd Class Magistrate, Elluru. C.C. No. 903 of 1958 ended in an acquittal and it does not require consideration.

(2.) In C.C. No. 904 of 1958, the prosecution was laid under Section 38(1) of the Motor Vehicles Act (Act IV of 1939), the ground of complaint being that the vehicle did not have fitness certificate as retired by the section. The relevant Section 38(1) of the Motor Vehicles Act reacTs as follows:

(3.) The facts of the case are that on the evening of 27-3-1958, at Elluru, P.W. 1 Motor Vehicles Inspector, who was checking the vehicles passing along the road stopped the accuseds vehicle which was a tractor cum trailer combination and checked it. He found that it had no fitness certificate as contemplated under Section 38 of the Motor Vehicles Act and also that the quarterly tax had not been paid.