P. SANKAR JEE AND ANR. Vs. THE STATE

JUDGEMENT

(1.) THIS is a reference made by the Additional District Magistrate (Judicial) Ganjam, recommending to set aside the conviction of the Petitioner P. Sankar Jee and Ch. Dharma Rao, driver and conductor respectively of a motor vehicle O.R.C. 1725.

(2.) IT is the prosecution case that the vehicle in question was being plied from Parlakimedi to Berhampur without D.D.T. being sprayed in the said vehicle as is required under Rule 148A The Orissa motor Vehicles Rules, 1940, (hereinafter described as 'the Rules'). The said rule runs as follows':

(3.) IT further appears that under Rule 86 the duty of keeping a public service vehicle as in this case clean and in sanitary condition was imposed both on the driver and the conductor, but by notification No. 9 TAR -66/61T -508 dated 5 -6 -1962 published in Orissa Extraordinary Gazette No. 325/62 the word 'conductor' was omitted. Thus, after this notification the responsibility for keeping a public service vehicle in a clean and in sanitary condition remained solely with the driver. In that view of the matter the conviction of the conductor Ch. Dharma Rao under Section 112 must be set aside and the sentence of fine, it paid, shall be refunded.