DARSHAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS is a reference made by the Sessions Judge Jammu recommending that the order passed by the Additional District Magistrate convicting and sentencing the accused under S. 123, Motor Vehicles Act be set aside. The facts which gave rise to this reference briefly stated are these. Darshan Singh is a driver of truck No. J & K 1678 belonging to Messrs N. D. Radhakrisnen & Co. He was convicted under S. 123 for carrying 22 mds. 8Â 1/2 seers of Bazari goods in addition to the railway goods on 8 -5 -1955 and was sentenced to pay a fine of Rs.10/ -. Against this order the accused filed a revision in the Court of the Sessions Judge. The learned Sessions Judge found that rules were not made by the Government under S. 56 cl 4 Motor Vehicle Act and therefore the accused could not be convicted under S. 123 for contravening any such rules.

(2.) THE learned Acting Advocate General has argued that the Registering Authority is competent to prescribe conditions which they think proper to impose in the public interest or with a view to prevent uneconomic competition between road transport services and a restriction was placed on the vehicles plied by Messrs. N. D. Radhakrishen & Co. not to carry any other goods except the railway goods. As the condition laid down by the Registering authority was contravened the accused has been rightly convicted under S. 123 by the Additional District Magistrate. This contention appears to be without force. Section 56, Motor Vehicles Act deals with power of the Registering Authority to restrict the number of and attach conditions to public carriers road certificates. Under S. 56 b the Registering Authority may attach to public carriers road certificates any other prescribed condition appropriate to the service to be provided by the vehicle which the Registering Authority thinks proper to impose in the public interest.

(3.) THE question for consideration is what would be the prescribed conditions. Prescribed is defined under S. 2 cl 26 of the Act as: "Prescribed means prescribed by rules made under this Act." Under S. 68 of the Act it is the Government which has the rule -making power and it is the Government which can make rules under. S. 56 biv authorizing the Registering Authority to impose restrictions in the public interest or with a view to prevent uneconomic competition between the road transport services. In the absence of such rules the accused could not have been convicted under S. 123, Motor Vehicles Act. The learned Additional District Magistrate has conceded this position and has remarked as follows: "It would, no doubt, have been better for purposes of clarity if a provision had been made in the Motor Vehicles Rules imposing a condition in the case of vehicles carrying railway goods and mail prohibiting them from carrying trade goods under S. 56biv".