STATE Vs. ABDUL RASHID

JUDGEMENT

(1.) THIS is a reference by the Additional District Magistrate, Jaipur, dated the 29th of June, 1959.

(2.) STATION House Officer, Dausa, checked bus No. RJL 2712 in front of the police STATION, Dausa; on the 12th of January, 1959. Ishwardas is the owner of the bus and Abdul Rashid its driver. Certain defects were found e. g. the tax had not been paid and the driving licence was not present with the driver etc. The police challaned both the accused to the court of the Sub-divisional Magistrate, Dausa, who, after recording the statements of the counsel of the accused persons, accepted the plea of guilty and convicted both of them u/s. 123 of the Motor Vehicles Act. Instead of sentencing the accused the learned Magistrate allowed them the benefit of sec. 562 (1a) of the Criminal Procedure Code. On revision, the Additional District Magistrate, Jaipur, has made this reference, for, in his opinion, the provisions of section 562 of the Criminal Procedure Code were not applicable to this case inasmuch as an offence under sec. 123 of the Motor Vehicles Act is punishable with fine only, and also because the benefit of sec. 562 (1a) is not available for offences not punishable under the Indian Penal Code.