RAMLAL Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the Sessions Judge, Jhunjhunu, dated 2nd of November, 1953.

(2.) ON the 18th of August, 1953, bus No. 31 R. 1p was checked at Baragaon. It was found that there were 34 passengers travelling in that bus at that time, whereas the maximum seating capacity of the bus was only of 28, including the driver and conductor. Ramlal was its driver and Jagdish was its conductor. Both of them were prosecuted for contravention of the conditions of the permit under sec. 123 (1) of the Indian Motor Vehicles Act, and they were convicted by the court of the Sub-Divisional Magistrate Udaipur on the 18th of August, 1951, and sentenced to pay a fine of Rs. 50/- each or in default 15th days' simple imprisonment. A revision was filed by both the accused against the order of their conviction in the court of the Session Judge, Jhunjhunu. The learned Sessions Judge has held that the offence of overloading constituted a contravention of rule 121 (a) clause (VIII) of the Rajasthan Motor Vehicles Rules 1951, and was punishable under sec. 112 of the Motor Vehicles Act. In the opinion of the learned Sessions Judge overloading of a bus was not punishable under sec. 123 (1) of the Motor Vehicles Act. It has been recommended that the order of conviction passed by the Sub-Divisional Magistrate, Udaipur, should be set aside and the Magistrate, be directed to re-try the case in accordance with the law, and to pass a sentence under sec. 112 of the Motor Vehicles Act.