EMPEROR Vs. RAMA DEOJI

JUDGEMENT

(1.) This is a petition by the Government of Bombay to enhance the sentence of fine of Rs. 7, imposed by an Honorary Presidency Magistrate upon the accused Rama Deoji under Rule 27-A of the Motor Vehicles Rules. This rule says: "No person shall, when intoxicated, drive a motor vehicle in a public place." Information was laid that the accused had without any kind of warning suddenly swerved to his right in order to go to the Cooperage Maidan for parking his car, and in doing so he ran into a cir which was on tb. 9 proper side of the road, with the result that damage was done to the mudguards of both the cars, and that at the time of the collision the accused was under the influence of liquor. Upon this the Magistrate issued a summons to the accused calling upon him to appear and answer a charge of driving a motor car while under the influence of liquor, and so hiving contravened Rule 27 A of the Motor Vehicles Rules.

(2.) The record of the trial in the column of "offence complained of or proved" shows "Driving a car when under the influence of liquor. Rule 27 A, M.V. Rules "and the column of "accused plea and his examination "shows" accused pleads guilty."

(3.) The Government Pleader in support of the application contends that this is a case in which a fine of Rs. 7 is inadequate and that it should be increased. The maximum penalty for a contravention of the rules under Section 16 of the Motor Vehicles Act is Rs. 100 in the case of a first offence.