BHARGAVA, J.—This is an application in revision by Ramchander against his conviction under sec. 420 of the Indian Penal Code.

2. The petitioner is a motor driver and had obtained driving licence No. 4201 on 10th April, 1957, from the office of the District Superintendent of Police, Ganga-nagar. On 9th April, 1961 the petitioner while driving Vehicle No. DLG 5176 H.T.V. was prosecuted by Delhi Police under section rule 6. 9/112 of the Motor Vehicles, Act. The petitioners original licence was impounded by Gurdyal Head Constable (P.W. 4) who sent it along with the police report to the Court of Shri Arnrik Singh, Magistrate, First Class, Delhi. On 7th February, 1962, the petitioner made an application Ex. P. 1 supported by his own affidavit Ex. P. 2 before the Superintendent of Police, Ganganagar for obtaining a duplicate licence on the ground that he had lost the original licence. It was further stated by the petitioner in Exs. P. 1 and P. 2 that his original licence was not lying in any court in connection with any case. On this representation a duplicate licence was obtained by the petitioner from the office of the Superintendent of Police on 8th February, 1962. On 28th January, 1963, the petitioner was again held up by the Traffic Police, Delhi for contravening the provisions of the Motor Vehicles Act and the rules framed under it. This time the petitioner produced duplicate copy of the driving licence which he had obtained on 8th February, 1962. The Superintendent of Police Traffic New Delhi asked the Superintendent of Police, Ganganagar to conduct an enquiry into this matter. Upon enquiry it was found that the petitioner had obtained duplicate driving licence No. 4201 by making a false representation to the Superintendent of Police about the loss of his original licence. A case under sec. 420 of the Indian Penal Code was registered against the petitioner and after investigation a challan was submitted against him.

3. Before the Trial Magistrate, Gurdyal Head constable (P.W. 4) gave evidence to prove that on 9th Oct., 1961 he had impounded the petitioners original licence and had sent it along with the challan Ex. P. 6 to the Court of the Magistrate. He has stated that the petitioner who was present in the Court was the same person from whom he had taken original driving licence No. 4201 and that at that time he had satisfied himself about the identity of the petitioner by comparing it with the photograph on the licence. Shri Ramsaran (P.W. 2) Sub-Inspector of Police C.I.D. Special Branch who was Sub-Inspector Traffic on 28th January, 1963, gave evidence of his seizing the duplicate driving licence No. 4201 from the petitioner on 28th January, 1963. Shri Mohanlal petition writer (P.W. 1) was examined to prove the application and affidavit Exs. P. 1 and P. 2 respectively submitted by the petitioner for obtaining a duplicate driving licence No. 4201 was seized from him on 28th January, 1963 in Delhi by the Traffic Police. The petitioner also admitted that he had obtained a duplicate licence on 8th Feb., 1962 from the Superintendent of Police, Ganganagar and had submitted the application Ex. P. 1 and affidavit Ex.P.2 for that purpose. He however, denied that original licence No. 4201 was impounded on 9th Oct., 1961 and that he was prosecuted in the Court of the First Class Magistrate, Delhi for contravention of any provisions of the Motor Vehicles Act.

4. Both the courts below have come to the conclusion that the petitioner had made false representation in Exs.P.1 and P.2 about the loss of the original driving licence. They have found that the original licence was not lost but was impounded on 9th Oct., 1961 by Gurudayal (P.W. 4) who had submitted it alongwith the challan Ex. P.6 in the Court of the Magistrate, First Class, Delhi. On this finding they found him guilty under sec. 420 of the Indian Penal Code.

5. Learned counsel for the petitioner contended that since the prosecution has not produced the original licence in the case,

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