BERRY MAHAPATRA Vs. EMPEROR

JUDGEMENT

(1.) In this case the petitioner was convicted under the Motor Vehicles Act of an alleged offence, the offence being that he had broken one of the Motor Vehicle rules, that is to say Rule 46. The rule is as follows: Permit.--No public motor vehicle shall be let or plied for him in any local area or along any public road in the province unless its owner possesses a special permit in form H granted by the District Magistrate, and every such vehicle shall at all times, whether actually plying for hire or not be subject to the conditions prescribed in such permit.

(2.) The relevant condition in form H is said to be prescribed by para. 7 of the permit which is as follows: The vehicle in respect of which this permit (p. 2) is granted shall not, except with the sanction of the District Magistrate duly endorsed thereon, ply in any areas or along any roads other than the undermentioned areas and roads.

(3.) The finding of fact by the Magistrate is that there is no evidence upon which he can hold that the bus concerned took up any passenger outside the prescribed area and that, therefore, there was no plying for hire outside the prescribed area. Nevertheless the Magistrate convicted the accused evidently under the impression that the word "ply" in Rule 7 of the permit means to travel. The word "ply" on the other hand has exactly the same meaning as to ply for hire, that is to say it means that the person driving a vehicle stops to take up or put down passengers for reward. A person merely driving his vehicle cannot be said to be plying the vehicle. The argument addressed to me in support of the conviction was frankly based upon the construction of the word "ply" as equivalent to the word "drive," but I cannot support that contention. If this argument were accepted the mere existence of a vehicle outside the prescribed area would be an offence against the rules. In default of a finding of fact that passengers were taken up outside the prescribed area, the conviction cannot be supported and must be set aside. The fine, if paid, will be refunded.