STATE OF RAJASTHAN Vs. CHANDER SINGH

JUDGEMENT

(1.) THIS is an appeal by the State against the order of the First Class Magistrate, Kherwara, dated 15th January, 1959, by which he acquitted Chander Singh, Jagnath Singh and Dali Chand under secs. 112 and 121 of the Motor Vehicles Act (hereinafter called the Act ).

(2.) THE prosecution case is that bus No. 1191 RJY is owned by Dali Chand and on 8th November, 1958, it was being taken by Chander Singh driver from Dungarpur to Udaipur on regular service. Bhanwar Singh, police constable stopped the bus and checked the number of passengers in the bus. He found that the bus had 60 passengers while the permit was for 50 passengers only. All the three accused were, challancd under sec. 112 and 121 of the Act. THEy have been acquitted on the preliminary ground that Bhanwar Singh had no authority to check the bus under Rule 140 (c) of the Rajasthan Motor Vehicles Rules, 1951, as the said constable was not a police officer in uniform. THE State has filed this appeal contending that the respondents should not have been acquitted as the bus of which Dali Chand was the owner, Chander Singh was the driver and Jagnath Singh was the conductor was carrying more passengers than allowed under the permit and that it did not matter whether the constable who found out that the bus was carrying 60 passengers was or was not a police officer in uniform authorised to stop the vehicle. Notices were given to the respondents of this appeal but they have not put in their appearance.