THE STATE OF ORISSA Vs. S.P. CHOWDHURY

JUDGEMENT

(1.) THIS is an appeal against the order of the Sub - Divisional Magistrate, Kalahandi, acquitting the Respondent of an offence under Section 112 of the Motor Vehicles Act. The accused Respondent is a Block Development Officer in charge of Maniguda Block in the district of Kalahandi. On 27 -12 -1964 the Motor Vehicles Inspector found the accused driving a motor jeep without a driving licence. He accordingly prosecuted him under Section 112 of the Motor Vehicles Act.

(2.) AT the trial, the plea of the accused was one of a denial But in a petition filed on his behalf it was stated that the accused was proceeding on official duty. The driver of the vehicle having fallen ill on the way, became incapable to drive the vehicle. As the accused was going on urgent official business, he had no other alternative but to drive the vehicle himself. It was further stated that the accused had his learner's hence though the period of the said licence had then expired. There was no mark of 'L' in front of the vehicle to indicate that the driver was learning to drive the vehicle. In context of these facts, the plea taken by the accused was that the offence, if any, was committed while the accused was acting or purporting to act in the discharge of his official duty and as no previous sanction of the State Government has been obtained in the case, it is not open to the Court to take cognizance of the offence as contemplated under section -197, Criminal Procedure Code.

(3.) THE only question for consideration is whether at the time of driving the vehicle, the accused was acting or purported to act in the discharge of his official duty. It is needless to say that it is not the official duty of the accused who was a Block Development Officer, to drive the vehicle much less without a licence. The learned trial Court was conscious of this position. He, however, as of the opinion that circumstances compelled the accused to drive the vehicle as he bad some urgent official duty and as be could not allow himself to be stranded on the way, he bad to take the steering. In the circumstance of the case the accused while driving the vehicle can be taken to have done so in discharge of his official duty. This approach of the learned Magistrate is wholly erroneous.