LAWS(CAL)-1950-2-6

KISSEN KHETTRI Vs. STATE

Decided On February 23, 1950
KISSEN KHETTRI Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This is a rule against an order of conviction under Section 112, Motor Vehicles Act, read with Rule 180 (d), Motor Vehicles Rules, 1940, and sentence to pay a fine of Rs. 20, in default, seven days rigorous imprisonment. The appropriate rule is in fact not 180 (d) but 174 (d).

(2.) The facts are that the taxi B. L. T. 669 was produced before the Motor Vehicles Department for renewal of the certificate of fitness as required by Section 38, Motor Vehicles Act. On test, the taxi meter was found to be defective, registering one anna per mile in excess. The police thereupon prosecuted the owner and the driver. The driver was acquitted and the owner has been convicted and has moved this Court.

(3.) The driver was acquitted on the ground that it was not proved who had produced the car, an omission which surely the Magistrate himself ought to have noted and should have been remedied. However the owner now objects that he ought not to be convicted, on the evidence, for a breach of the rule which runs as follows: "No taxi-meter which is in any way defective shall be used upon a motor cab."