Law:

Section:

Motor Vehicles Act (IV of 1939),Ss. 42 & 123----Do not refer to paid driver of vehicle who drives without route permit. The person who drives is the person who contravenes, and since the owner alone can contravene section 42, section 123 cannot refer to the paid driver. Public Prosecutor v. Jevan A I R 1941 Mad. 845, Provincial Government, C. P. & Bcrar v. Mohanlal A I R 1944 Nag. 89, Emperor v. Amritlal-Chunilal A I R 1945 Nag. 263 and Jagroop v. Rex 3 A I Cr. D 596 ref. JUDGMENT KAYANI, J.---Muhammad Akram, a motor-driver plying a transport bus belonging to another person, pleaded guilty to hav­ing committed five distinct offences under the Motor Vehicles Act and was sentenced to an aggregate fine of Rs. 600. One of these offences was "plying without route permit", punishable under section 123 read with section 42 of the Act. In appeal, the legality of this part of the conviction was questioned on the ground that section 42 creates a liability in respect of the owner, not the driver, and, accepting the contention, the learned Sessions Judge of Rawalpindi set aside the conviction under sections 42 and 123, reducing the sentence of fine by Rs. 200. Against this acquittal, the Government has appealed. The two provisions of law may profitably be reproduced. Section 42.-(1) "No owner of a transport vehicle shall use or permit the use of the vehicle in any public place, save in accordance with the conditions of a permit granted or countersigned by a Regional or Provincial Transport Authority authorising the use of the vehicle in that place in the manner in which the vehicle is being used." Section 123.-(1) "Whoever drives a motor vehicle or causes or allows a motor vehicle to be used or lets out a motor vehicle for use in contravention of the provisions of subsection (1) of section 42 shall be punishable * * * *." The question, therefore, is: How are the provisions of section 42 contravened? One view is that they are contravened if a motor vehicle is driven without a permit; another view is that they are contravened to the limited extent that the contraven­tion is by the owner. The first view is supported by Public Prosecutor v. Jevan (A I R 1941 Mad. 845),…

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