STATE OF ASSAM Vs. SULEMAN KHAN AND ANR.

JUDGEMENT

(1.) THIS is an application in revision on behalf of the State against the order dated the 9th November 1960 passed by the Additional Sessions Judge, Upper Assam Division, Dibrugarh in appeal. The facts ate that one Suleman Khan who was the driver of a Motor Vehicle was tried under Section 123 of the Motor Vehicles Act and sentenced to three months simple imprisonment and to pay a fine of Rs. 1000/ - in default to simple imprisonment for three months by the District Magistrate at Dibrugarh. The other accused Lalan Pathan was also tried along with Suleman Khan under Section 123 of the Motor Vehicles Act read with Section 114, I.P.C. and sentenced to pay a fine of Rs. 200/ - in default to simple imprisonment for one month by the District Magistrate. On appeal the additional Sessions Judge has held that the trial was not legal inasmuch as the provisions of Section 130, Motor Vehicles Act and Section 342, Cr. P.C. were not followed in the present case. He has allowed the appeal, set aside the order of the District Magistrate and sent back the case for retrial in accordance with the provisions of Section 130, Motor Vehicles Act.

(2.) THE prosecution was started on a report being submitted that the accused persons on the 23rd May 1960 at 9 -30 A.M. were found driving the car with eighteen passengers on hire, and Suleman way, the driver and the other accused was the handy -man. They were found driving the Vehicle in violation of the permit condition on the Assam Trunk Road, Tinsukia. On being asked the driver Suleman Khan could not produce, any document in support of his vehicle nor could he produce has license. The District Magistrate found on trial that they were driving in contravention of the permit condition on the road and convicted and sentenced them as indicated above. The District Magistrate has stated in his order that he had given the option, to the accused persons if they would like to be represented by pleader but they declined to do so.

(3.) SECTION 130 of the Motor Vehicles Act reads as follows: