PRESIDENT, DISTRICT BOARD Vs. ADAM GHANI ROWTHER

JUDGEMENT

(1.) This petition has been filed by the President of the District Board, Tanjore, against a judgment acquitting the respondent of the offence of using a motor vehicle for hire without a licence. Such an act is prohibited by Section 166(1), Madras-Local Boards Act, (Madras Act 14 of 1920 as amended by Act 11 of 1930), and is rendered punishable by Section 207 read with Schedule 8. The lower Court has found indeed that the respondent used his motor bus for hire without taking out a licence, but it considers that complaint was not made within the time prescribed by Section 223.

(2.) The question turns upon the construction of that section. It provides that no person shall be tried for an offence under the Act unless a complaint is made by the police, or the President of a Local Board, or by a person expressly authorized in this behalf by the Local Board or its President within throe months of the commission of the offence.

(3.) To the section is added this proviso: Provided that failure to take out a licence or obtain permission under this Act shall for the purposes of this section be deemed a continuing offence until the expiration of the period, if any for which the licence or permission is required and if no period is specified, complaint may be made at any time within 12 months from the commencement of the offence.