JAYARAM SHIVAJI Vs. STATE
LAWS(APH)-1963-3-26
HIGH COURT OF ANDHRA PRADESH
Decided on March 29,1963

IN RE: JAYARAM SHIVAJI Appellant
VERSUS
Respondents

JUDGEMENT

- (1.) Crl. R. Cs. 188, 191, 193 and 195 are Erected against the conviction of the petitioner under section 123 (1) of the Motor Vehicles Act while Crl. R. Cs. 189, 190, 192 and 194 arise out of his conviction under section 7 of the Madras Motor Vehicles Taxation Act.
(2.) The petitioner in these cases is Jayaram Shivaji. It appears that four lorries belonging to the Firm M/s. Jayaram Shivaji and Sons bearing ORC 123, 59, 40 and 425 were found by the Regional Transport Officer on 21-12-1960 at about 11-20 a. m. at Mile 554/3 on the G. T. Road within the jurisdiction of the said Officer in Srikakulam District. They were found carrying some empty drums end furniture. Whereupon as they had no permit under section 42 or temporary permit under Section 62 of the Motor Vehicles Act, a prosecution was launched against the owner of the vehicles under section 123 of the Motor Vehicles Act. There was also prosecution under section 7 of the Motor Vehicles Taxation Act as the tax contemplated under the said Act had not been paid. The petitioner appeared in the Court in response to the summons issued to the Company and pleaded that he was not aware of the routes taken by the drivers of the lorries; he was in Calcutta at the relevant time and the drivers has not informed him of the route they were taking. He also pleaded that no tax was payable under the Motor Vehicles Taxation Act.
(3.) The learned J. S. C. M. Srikakulam who tried the cases held the petitioner guilty under Section 123 (1) of the Motor Vehicles Act and under Section 7 oi the Motor Vehicles Taxation Act and sentenced him to a fine of Rs. 50.00 and Rs. 20.00 respectively under each head. The same was confirmed in appeal by the Addl. Sessions Judge, Srikakulam. The revisions are directed against this order.;


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