JudgmentChainani, J.

1. This is a reference by the Addl. Ses-J., Sholapur, recommending, on an appln. made to him by one Mr. Prabhu, that his conviction under Section 112, Motor Vehicles Act, 1939, and the sentence passed upon him should be set aside.

2. The charge against the appct. was that on 11-8-1947, when he was serving as Police Inspector at Sholapur, he asked his orderly constable Yemnaji to drive his car from the Police Chowki to his bungalow. Yemnaji had no license. The appct. was, therefore, prosecuted for contravening the provisions of Section 5, Motor Vehicles Act, which provides that no owner or a person in charge of a motor vehicle shall cause or permit any person who does not possess a driving licence to drive the vehicle. The appct. pleaded not guilty to the charge. He denied that he asked Yemnaji to drive the car to his bungalow. He stated that Yemnaji had taken away the car on his own intiative without his knowledge. This defence was not accepted. The trying Mag. held that Yemnaji had driven the car under orders of the appct. He, therefore, convicted the appct. under Section 112, Motor Vehicles Act, sentenced him to pay a fine of Rs. 30. The Addl. Ses-J. has now

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