EMPEROR Vs. ALIBHAI MIABHAI

JUDGEMENT

(1.) We are of opinion that the Magistrate has come to the right conclusion with regard to the construction of Section 18 of the Public Conveyances Act (VI of 1863).

(2.) We think the object of the section was to provide that the licensee or driver of a public conveyance shall have a clean list of fares with him in order that he may be in a position on demand to produce the same for the benefit of the hirer or passenger. The provisions of the section are framed solely for the benefit of the hirer or the passenger, and it is when the list is not produced on demand by the hirer or passenger that the penalty can be imposed.

(3.) The case for the prosecution cannot be put higher than this that the section is capable of two constructions. In a case of such ambiguity the Court ought to lean in favour of the accused.