M.B. Sharma, J. - (1.) This is a petition under Section 482 of the Code of Criminal Procedure-moved by Jai Singh, a Conductor, who has been convicted and sentenced under Section 8 of the Rajasthan State Road Transport Services (Prevention of ticket-less travel.) Act, 1975 herein after referred to "The Act". It arrises in the following circumstances.
(2.) The accused-petitioner was a conductor of a Bus No. RSG 6018, belonging to the Rajasthan State Road Transport Corporation, and on October 21, 1978, while he was on the bus as the Conducted, and the bus was going from Jodhpur to Ganganagar, the bus was checked near Malikesar, and it was found that there were two ticket-less travellers, who, according to the learned counsel or the petitioner, were the conductors of the Rajasthan State Road Transport Corporation, and they were carrying a tin of Ghee weighing 16 kgs. It was found that the accused-petitioner, whose duty was to give tickets to the passengers, and half ticket for 16 kgs. of Ghee. A complaint was filed before the Mobile Magistrate at the road side, and it is said that the accused-petitioner pleaded guilt, and he was convicted and sentenced to pay a fine of Rs. 100/- and in default of payment, to undergo seven day's simple imprisonment. The accused-petitioner filed a revision before the Sessions Judge, Shriganganagar, who dismissed the same.
(3.) The law is settled that the powers of this Court under Section 482 of the Code of Criminal Procedure, are unlimited, but, the same is to be exercised sparingly and for the purposes mentioned therein i. e. to present the abuse of the process of the court or to secure the ends of justice. If taking the case of the prosecution as it is, it Is found that no case is made out against the accused, and still the accused has been convicted and sentenced, then, a case for interference under Section 482 of the Code of Criminal Procedure can be said to be made out, because it can then be said that the accused has been convicted on no evidence. In such a case interference under Section 482 of the Code of Criminal Procedure to prevent the abuse of the process of the Court and to secure the ends of justice will be necessary.;