SABIR AHMED LAL MOHAMED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN Criminal Revn. Appln. No. 52 of 1971 (Bom) Vaidya, J. took the view that the power conferred by Section 17 (1) of the Motor Vehicles Act, 1939 (herein, "the act") to disqualify a person for holding a driving licence cannot be exercised in cases where the contravention is of a rule relating to the mere conduct of the driver. Bhasme, J. , also sitting singly, took the same view in Criminal Revn. Appln. No. 1142 of 1970 (Bom ).

(2.) A similar question arose before the learned Chief Justice in Criminal Revn. Appln. No. 1101 of 1970. He was inclined to a different view and therefore he has referred for our decision the question as regards the correctness of the two earlier decisions. In his referring judgment on July 16, 1971, the learned Chief Justice has expressed the opinion that the power conferred by Section 17 (1) to suspend a driving licence is exercisable even where the conviction is for the breach of a rule governing the conduct of the driver.

(3.) ONLY a few facts are relevant. The petitioner is a taxi driver and the prosecution arose out of his refusal to drive the complainant to the desired destination. The complainant got into the taxi when the meter flag was in a vertical position but rather than take him where he wanted to go, the petitioner held him by his legs and threatened to throw him out. For this, the petitioner was convicted by the learned Presidency Magistrate under Section 112 of the Act read with Rule 26 (34) of the Bombay Motor Vehicles Rules, 1959, (hereinafter called "the Rules" ). This rule provides that "no driver shall without reasonable excuse refuse to let the cab for hire when the flag is in a vertical position". The Magistrate sentenced the petitioner to pay a fine of Rs. 100/- and under Section 17 (1) he suspended the petitioner's driving licence for a period of two months.