STATE Vs. SATPAL

JUDGEMENT

(1.) THE Additional Sessions Judge, Jabalpur, has made this reference under Section 438 of the Code of Criminal Procedure recommending that the sentence of fine of Rs.50 each awarded against the non -applicants Satpal and Khairatilal for contravention of rules 126 and 163 under the Motor Vehicles Act be reduced to Rs.20 each, as that is the maximum sentence awardable.

(2.) THE non -applicants Khairatilal and Satpal are respectively the owner and driver of the Truck No. C.P. J. 1936. On 1 -4 -1958 it was found that the non -applicant No. 1 Satpal was driving the truck with five persons sitting on the front seat of the vehicle and it was loaded with bidi leaves to a height of 13 feet. Accordingly, both the non -applicants were charged for having contravened rules 126 and 163 under the Motor Vehicles Act and were punished under section 112 of the Act, as stated above.

(3.) SHRI Nanhoriya also contends that Rule 163 does not apply to the present case, as it is restricted to "double -decked public service vehicle". This contention is incorrect, as Clause (b) of that rule applies to all motor vehicles and item (iv) under that clause prohibits loading of motor vehicles with anything extending in height exceeding eleven feet from the surface upon which the motor vehicle rests. In the instant case, the load on the truck of the non -applicants extended to a height of 13 feet from the ground and therefore contravened this rule. They have rightly been punished for contravention of this rule.