STATE Vs. DULEY SINGH

JUDGEMENT

(1.) THIS is a reference by the District Magistrate of Bikaner and has arisen in the following circumstances:

(2.) DULEY Singh opposite party is a motor driver of bus No. RSBK 1386. On the 12th of May 1951 he was driving his bus on the Bikaner-Nokha road. His bus was stopped and the police asked him to produce the driver's licence, registration certificate, road permit and insurance certificate. It is said that the driver could not do so. Thereafter the number of passengers in the bus was checked and it was found that there were three passengers in excess. Consequently, he was prosecuted under sections 113/120 of the Motor Vehicles Act, 1939. He appeared before the Magistrate on the 14th of November 1951. The Magistrate enquired from him whether he had failed to produce his driver's licence, registration certificate for the bus, road permit as well as the insurance certificate of the bus, and he admitted that he could not do so. He was also asked whether there were three passengers in excess in the bus and he admitted that. Thereupon the Magistrate convicted him under sections 113/120 of the Motor Vehicles Act, 1939 and sentenced him to a fine of Re. 1/ -.