The Public Prosecutor vs Jevan and Others

Lakshmana Rao, J.—These are appeals by the Provincial Government against the orders of acquittal of the respondents of an offence u/s

123 (1) of the Motor Vehicles Act.

The respondents are drivers of transport vehicles and they were prosecuted u/s 123 (1) of the Motor Vehicles Act for driving the vehicles on

the public road without a permit authorising the use of the vehicles in a public place. They pleaded that it was the duty of the owner to obtain the

permit and accepting their plea the Sub-Magistrate acquitted them.

The alleged driving of the transport vehicles on the public road without a permit authorising the use of the vehicles in a public place was not

denied by the respondents, and so far as is material, Section 42 (1) of the Motor Vehicles Act provides that no owner of a transport vehicle shall

use or permit the use of the vehicle in any public place save in accordance with the conditions of a permit authorising the use of the vehicle in that

place. The driving of a transport vehicle on the public road without such a permit would certainly contravene Section 42 (1) of the Act; and

Section 123 (1) enacts that whoever drives a motor vehicle in contravention of the provisions of Sub-section (1) of Section 4- shall be punishable

with fine. That the permit is to be obtained by the owner cannot make any difference and whoever drives the vehicle in a public place without a

permit authorising the use of the vehicle in that place would be punishable u/s 123 (1) of the Act. The orders of acquittal are therefore set aside and

the respondents are convicted u/s 123 (1) of the Motor Vehicles Act. They are sentenced to pay a fine of Rs. 5 each and in default to simple

imprisonment for one week.