Skip to content


Malabar Roadway Service, Kozhikode Vs. State of Madras, Represented by the Secretary, Home Department and ors. - Court Judgment

LegalCrystal Citation
SubjectMotor Vehicles
CourtChennai High Court
Decided On
Case NumberWrit Appeal No. 17 of 1954
Judge
Reported inAIR1955Mad176; 1955CriLJ536
ActsMotor Vehicles Act, 1939 - Sections 60
AppellantMalabar Roadway Service, Kozhikode
RespondentState of Madras, Represented by the Secretary, Home Department and ors.
Appellant AdvocateT. Changalvaroyan, Adv.
Respondent AdvocateSpecial Govt. Pleader
DispositionAppeal dismissed
Cases ReferredSilva v. Regional Transport Authority
Excerpt:
- - in our opinion, in spite of such a technical acquittal, it would be open to the transport authorities if satisfied on the material before them to hold that there had been overloading......acquittal, and therefore, applying the principle of the decision in -- 'jesome d'silva v. regional transport authority, south kanara', : air1952mad853 (a), the order of the suspension by the transport authority should be vacated. the learned judge, whose order is under appeal, on a careful consideration of that judgment, held that it did not compel him to hold that the order of the transport authorities was illegal or void, because there was no finding by the magistrate that there had been no overcrowding. the acquittal was on a technical ground, viz., that the prosecution had not proved by the production of the g permit the sanctioned capacity of the vehicle. an acquittal in such circumstances cannot amount to a positive finding by the criminal court that the accused is not guilty of.....
Judgment:

Rajamannar, C.J.

1. In our opinion, this appeal must be dismissed. But we would prefer to rest our decision on the merits.

The main point of the appellant before us was that the prosecution of the conductor who was in charge of the bus on the material date ended in an acquittal, and therefore, applying the principle of the decision in -- 'Jesome D'Silva v. Regional Transport Authority, South Kanara', : AIR1952Mad853 (A), the order of the suspension by the Transport Authority should be vacated. The learned Judge, whose order is under appeal, on a careful consideration of that judgment, held that it did not compel him to hold that the order of the Transport Authorities was illegal or void, because there was no finding by the Magistrate that there had been no overcrowding. The acquittal was on a technical ground, viz., that the prosecution had not proved by the production of the G permit the sanctioned capacity of the vehicle. An acquittal in such circumstances cannot amount to a positive finding by the criminal Court that the accused is not guilty of the offence.

In our opinion, in spite of such a technical acquittal, it would be open to the Transport Authorities if satisfied on the material before them to hold that there had been overloading. On this ground, we agree that the appellant had no case. It is not necessary to deal with the other points arising out of the judgment under appeal.

2. The appeal is dismissed with costs, Advocate's fee Rs. 100/-.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //