LAWS(CAL)-1955-7-16

RAMPROBESH MISSIR Vs. STATE

Decided On July 05, 1955
RAMPROBESH MISSIR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This revision petition raises an interesting question of law, viz., whether a conviction for infringement of a Rule under the Motor Vehicles Act will entail disqualification for holding a license to drive a motor vehicle in addition to the punishment to which the person convicted may be liable.

(2.) The petitioner was convicted under Section 112 of the Motor Vehicles Act for violation of R. 90 (b) of the Bengal Motor Vehicles Rules. He has been sentenced to pay a fine of Rs. 20.00 in default to suffer rigorous imprisonment for two weeks and his license has been suspended for a period of one month.

(3.) The prosecution case briefly stated is that a football player had met with an accident in a village in the district of Hooghly which necessitated his removal to Calcutta. He was brought down to Howrah by train. When the brother of the injured person hired the petitioner's taxi at the Howrah Station stand in order that the injured might be carried in that taxi to a hospital, the petitioner refused to go on the metre rate and demanded a consolidated sum. When this was brought to the notice of the police sergeant in attendance, the petitioner was asked by the latter the reason for his refusal. The petitioner stated that he suspected that the injured person had been suffering from an infectious disease. Expostulations took place and in spite of assurances not only from the hirer but from the sergeant, the petitioner refused to take the passenger to the Medical College Hospital on hire.