- (1.) This reference and reference No. 48 of 1964 arise in identical circumstances. Both these references have been made by Civil and Sessions Judge, Saharanpur by his order dated 31st July, 1964.
(2.) The present reference has been made on the application of Pati Ram driver and Mohammad Yasin owner of the vehicle. The other reference has been made on the application of Charan Singh driver and Kastoori Lal owner of the vehicle.
(3.) Each of the said two owners was given a public carrier permit by the Rule T.A., Nainital by its resolution dated 24th April, 1961. It appears that the Secretary while issuing the permit attached a condition thereto that the permit-holder shall carry goods only booked by Tehri Garhwal Motor Operators Union. Mohammad Yasin and Pati Ram came to be prosecuted Under Sections 42/123 of the Motor Vehicles Act on the allegation that on 6th July, 1961, the vehicle of Mohammad Yasin driven by Pati Ram was found carrying goods in contravention of the aforesaid condition. Likewise Kastoori Lal and Charan Singh came to be prosecuted Under Sections 42/123 of the Motor Vehicles Act on the allegation that the vehicle of Kastoori Lal while being driven by Gharan Singh on 23rd July, 1961 was found carrying goods in contravention of that condition.;