Malabar Roadway Service, Kozhikode vs State of Madras and Others

Rajamannar, C.J.—In our opinion, this appeal must be dismissed. But we would prefer to rest our decision on the merits.

The main point of the appellant before us was that the prosecution of the conductor who was in charge of the bus on the material date ended in an

acquittal, and therefore, applying the principle of the decision in -- Jerome D''Silva Vs. The Regional Transport Authority, South Kanara and

Another, , the order of the suspension by the Transport Authority should be vacated. The learned Judge, whose order is under appeal, on a careful

consideration of that judgment, held that it did not compel him to hold that the order of the Transport Authorities was illegal or void, because there

was no finding by the Magistrate that there had been no overcrowding. The acquittal was on a technical ground, viz., that the prosecution had not

proved by the production of the G permit the sanctioned capacity of the vehicle. An acquittal in such circumstances cannot amount to a positive

finding by the criminal Court that the accused is not guilty of the offence.

In our opinion, in spite of such a technical acquittal, it would be open to the Transport Authorities if satisfied on the material before them to hold

that there had been overloading. On this ground, we agree that the appellant had no case. It is not necessary to deal with the other points arising

out of the judgment under appeal.

The appeal is dismissed with costs, Advocate''s fee Rs. 100/-.

Appeal dismissed.