Decided on March 02,1967

State Of M. P. Appellant
STATE OF M. P. Respondents


- (1.) THIS order shall also govern the disposal of Criminal Revision No. 672 of 1966. (The State of M. P. Vs. Pukhraj and Indarchand)
(2.) THESE are two references made by the Sessions Judge, Seoni, for quashing the conviction of the respective respondents under section 112 of the Motor Vehicles Act, 1939 and the penalty of a fine of Rs. 50 or in default simple imprisonment for two days and four days respectively, passed by the Magistrate 1st Class, Seoni in a summary trial on the admissions of the respective respondents. The only question involved in the present case is whether the action of the respective respondents in carrying gold and silver ornaments for sale in their respective cars, registered as Motor cars under section 2 sub -section (16) of the Motor Vehicles Act. 1939, amounts to an offence under section 38 of the Act. The learned Sessions Judge did not consider the question whether it would amount to an offence under any other section of the Act. However, the learned Magistrate thought that the offence committed was under section 112 of the Act for contravention of section 38 of the Act.
(3.) IT may be relevant to refer to the admission made by the respective respondents. Pannalal in his examination stated that he often carries gold and silver ornaments and utensils for sale in his car to Barghat Bazar and other Bazars. He also admitted that he had no separate registration for the carriage of these articles. Similar was the admission of the other two respondents in the connected case. Can the said admissions he said to constitute an offence under section 112 of the Motor Vehicles Act, 1939 for an alleged contravention of section 38 of the Act. The learned Sessions Judge opined that no offence at all is made out as the car in question could not be said to have become a transport vehicle merely because the respective respondents were carrying their own goods, which were meant for sale.;

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