DAULAT MAL SINGHVI Vs. STATE

JUDGEMENT

(1.) THIS reference conies on the report of the learned Sessions Judge, Kotah, dated the 24th January, 1962.

(2.) THE facts giving rise to it are that on the 28th April, 1960 Shri Daulatmal Singhvi, who was Executive Engineer, Chambal Project at Kotah, was driving a Pick up No. RJR 755 belonging to the Rajasthan Government and when he was passing through a locality called Gumanpura, Shri Radheyshyam, P. S. 1, checked the said vehicle and demanded driving licence from Shri Singhvi. He was not in possession of the driving licence at that time and so he was prosecuted in the Court of First Class Magistrate No. 3, Kotah, under sec. 112 of the Motor Vehicles Act, 1959, hereinafter referred to as the Act. He admitted before the Magistrate that the driving licence was not present with him at the time when he was driving the vehicle, but he produced it at the Police Station, Naya Pura within 10 days and, therefore, he had not committed any offence. THE Magistrate observed that according to a circular issued by the Government no officer was permitted to drive vehicles belonging to the Government and that only drivers employed for that purpose could do so. It was further observed by him that the accused had committed breach of Rule 53 of the Motor Vehicles Rules and so he convicted him under sec. 112 of the Act and sentenced him to pay a fine of Rs. 5/-, or to undergo 2 days' simple imprisonment in default of its payment. Aggrieved by this judgment dated the 4th July, 1960, the accused filed a revision application in the court of Sessions Judge, Kotah. THE learned Judge has observed that the accused did not come within the definition of a driver, that he was a person in-charge of the vehicle as envisaged in sec. 86 (2) of the Act and that since he had complied with the provisions of the said section and produced his licence at the police station within 20 days of demand, his conviction was not maintainable and should be set aside,