GHULAM MOHD DAR Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the Sessions Judge at Srinagar under the following circumstances. The first class Magistrate at Pulwama in a summary trial under Chapter XII of the Cr. PC. convicted one Ghulam Mohd. Dar Under Section 42 read with Section 123 of the Jammu and Kashmir Motor Vehicles Act and sentenced him to pay a line of Rs. 200 and also disqualified him from driving a motor vehicle for a period of one year. The conviction was based on a plea of guilty. On revision, the Sessions Judge expressed the view that the conviction was unjustified as no offence had been made out by the prosecution against the accused.

(2.) THE Magistrate took cognizance of the offence Under Section 190 (1) (b) of the Cr. PC. upon a report in writing made by the Station House Officer, Pulwama. The facts stated in that report as constituting the offence were that Ghulam Mohd. Dar, the accused, was driving stage carriage, J and K 8164, from Shopian to Srinagar with 27 passengers in addition to the driver and the cleaner and also with 30 boxes of apples and three khirwars of Shali. The Magistrate stated that the particulars of the complaint were read out to the accused, that he admitted them to be correct and as such he confessed the guilt. He went in to say that according to the conditions of the permit of the vehicle, the accused could carry only "the personal belongings of the passengers and no other goods for carriage like, apple boxes and shali sacks, as in the present case. " He, therefore, concluded that "the act of the accused is in violation of the conditions of the road certificate and is punishable Under Sections 42/123 of the Motor Vehicles Act.

(3.) THE learned Sessions Judge in recommending that the conviction may be set aside, relied primarily upon a notification of the Registering Authority purporting to be Under Section 48 (e) (iv) of the Motor Vehicles Act under which the motor vehicle was allowed to carry goods not exceeding 14 maunds in weight inclusive of the personal luggage of the passengers. This notification, according to the Sessions Judge, constituted a condition of the permit and was sufficient to exonerate the accused in the present case.