These are two Revision Cases preferred against the convictions and sentences by the learned Additional First Class Magistrate, Coonoor, in S.T.R. Nos. 1737 and 1738 of 1958.

The facts are short and the point of law raised by the learned advocate Sri T. Chengalvarayan, is an interesting one. The public transport vehicle, lorry K.L.D 390, has got a permit to ply from Kundah to Ootacamund. But the route is via Korakundah and not Selas. On 25th July, 1958, K.L.D. 390 was found being driven by the driver Moidu at that time, on a trip totally unconnected with its use under the permit granted to it at Selas Bazaar. It is admitted that via Selas is the shortest route to Ootacamund from Kundah. The driver Moidu and the owner Ayyappan have been charge-sheeted for an offence under section 42 (1) read with section 123 of the Motor Vehicles Act and under rule 226 of the Motor Vehicles Rules read with section 112 of the Motor Vehicles Act. Both of them were convicted and fined. Hence these Revision Cases.

I must now briefly set out the relevant provisions of law. Section 2 of the Motor Vehicles Act sets out the definitions. A “goods vehicle” is defined in section 2(8) as meaning any motor