BABUSINGH CHENSINGH, INDORE Vs. STATE

JUDGEMENT

(1.) THIS is a reference arising out of a conviction of applicant Babusingh under section 42 read with section 123 of the Motor Vehicles Act.

(2.) ONE Babusingh has a motor car bearing number M.P.E. 5617. It is a private car and not a taxi. On this car however he had displayed some advertising devices. He has no permit to do so. Before the Magistrate who examined him he had admitted his guilt. He was therefore convicted.

(3.) THE learned Government Advocate brought to my notice a case reported in In re Manager Indian Express AIR 1945 Mad. 440 in which a single Judge of that High Court has given a very wide definition of the words "goods vehicle." That was a case in which the accused was carrying newspaper bundles in his private car and he did it also on previous occasion. It was held by his Lordship that the vehicle came under the definition of goods vehicle. Even if this extended meaning is taken which, with due respect I cannot accept, the facts are different. In this case no goods as such have been carried. Therefore this case will have no application.