LUNKARAN AGARWALA Vs. STATE

JUDGEMENT

(1.) THIS is a petition, in revision, against the appellate judgment of the Sessions judge of Cuttack Dhenkanal maintaining the conviction of the petitioner under sections 112 and 123 of the Motor Vehicles Act and the sentence of fine passed on him, by the Sub-Divisional Magistrate of Athmalik.

(2.) THE petitioner is the owner of public carrier vehicle bearing No. ORD-111. The route permit for the vehicle (Ext. 2) authorised the plying of the vehicle on the following routes, namely, (i) Cuttack-Sambalpur (ii) Angul-Hindol, (iii) Angul-Athmalik and (iv) Angul-Talcher during fair weather. On 9-3-1956 the said vehicle was found plying on the Bamur-Kishorenagar road, by the A. S. I. (P. W. 1 ). It was driven by one Alekhmoni Biswal. The Police Officer (P. W. 1) found five Muliahs (servants) in addition to the driver and the cleaner. The route permit (Ex. 2) limits the number of Muliahs in the vehicle to four. Hence the owner and the driver were both sen! up for trial for (i) plying the vehicle on an unauthorised route; (ii) contravening the condition of the permit by carrying muliahs in excess of the number permissible.

(3.) THE driver was tried separately and was convicted and sentenced under sections 123 and 112 of the Motor Vehicles Act. He did not challenge his conviction and sentence.