Judgement

SHELAT, J. : This appeal, by special leave, raises the question as to the true meaning of Section 42 (1) of the Motor Vehicles Act (4 of 1939).

2. The respondent, the owner of a motor car bearing No. MYU-1089, carried 8 passengers in his said car on Nanjangud-Mysore Road on April 5, 1963 and collected Rs. 5 from each of them. He was charge-sheeted under Section 42 (1) read with Section 123 of the Act for having used the said car as "a transport vehicle" without the permit required under Section 42 (1). The trial Magistrate did not go into the merits though the prosecution led evidence and acquitted him relying on the decision of the High Court of Mysore in Jayaram v. State of Mysore, (1962) 40 Mys LJ 382. The State took the matter in appeal to the High Court urging that the said decision required reconsideration. On the view that it did not, the High Court dismissed the appeal. Hence this appeal.

3. In B. S. Usman Saheb v. State of Mysore, (1959) 37 Mys LJ 388 the question arose whether an owner of a motor car who had carried cement bags and other goods from one place to anther goods from one place to another without a permit under Section 42(1) could be said to have used a