P C CHAUDHRI Vs. EMPEROR

JUDGEMENT

(1.) This is a reference by Mr. Kisch, the learned Sessions Judge of Allahabad with the recommendation that the order passed by a Magistrate, First Class of Allahabad convicting one Mr. P.C. Chaudhri under Section 16, Motor Vehicles Act, 1914, be set aside.

(2.) The learned Sessions Judge has given excellent reasons in support of his reference. The conviction is clearly illegal and must be set aside.

(3.) Mr. P.C. Chaudhri, resident of No. 4 Bankshall Street, Calcutta, came to Allahabad on a short visit. He brought with him his motor car bearing No. 23,047. On 14 April 1929, a constable on traffic duty demanded the production of the registration certificate. The Line Inspector who acts under the orders of the Superintendent of Police also made a similar demand. The certificate of registration was not produced. The result was that he was prosecuted for having contravened the provisions of Rule 11 of the United Provinces Motor Vehicles rules and fined Rs. 5.