NATABAR BEHERA Vs. STATE

JUDGEMENT

(1.) NATABAR Behera is a driver in the Public career Truck O.R.C. 1051 belonging to Aska Sugar Factory. On 26.2.1964, he was produced before the Mobile Court who is a judicial Magistrate, 1st Class, Aska at 5.30 p.m. The charge against him was that the vehicle which he was plying did not carry a valid route permit and the permit which he produced was valid only up to 2.7.1962. The accused was fined Rs. 50/ -, in default to undergo simple imprisonment for seven days under Section 123 of the Motor Vehicles Act on admission. Later on he found that the valid route permit had been kept in the Truck just below the expired route permit. Ha being new to the vehicle did not know it. On 28 -2 -64, he reported the matter to the Magistrate who forwarded the record to the Additional District Magistrate (Judicial) for necessary action. Subsequently the driver also filed a regular application asking for a reference to the High Court. The route permit which was produced before the Additional District Magistrate bears the date 18.8.1962 and is valid for the period from 17 -6 -62 to 16 -5 -67. Thus the vehicle had a valid route permit at the lime of the detection. Before the learned Additional District Magistrate there was no dispute on behalf of the State that the permit so produced was genuine and valid. On the aforesaid facts, the learned Additional District Magistrate (Judicial) made a reference to the High Court for interference and for setting aside the conviction.

(2.) MR . Mohapatra on behalf of Mr. Mohanty was permitted to argue this reference, He contended that -

(3.) SECTION 439(1), Criminal Procedure Code lays down that :