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1951 Supreme(Mad) 291

P.V.RAJAMANNAR, VENKATARAMA AYYAR
Jerome D’Silva – Appellant
Versus
The Regional Transport Authority, South Kanara – Respondent


Advocates:
M.C. Sridharan for Petitioner.
The Advocate-General (V.K. Thiruvenkatachari) for the State Counsel (John and Row) for Respondents.

The Chief Justice.-The petitioner is the owner of Lorry No. MDX 1251. He had a public carrier permit granted by the Regional Transport Authority, South Kanara and he was engaged in transporting milk, firewood, timber, stores and other materials from the neighbouring villages into Mangalore. On or about 14th April, 1950, the lorry was detained on suspicion that it contained smuggled rice. The driver of the lorry was subsequently charged by the police under section 186 of the Indian Penal Code and section 7 of the Essential Supplies (Temporary Powers) Act in C.C. No. 602 of 1950 on the file of the Court of the Additional First Class Magistrate, Mangalore. After a full enquiry the Magistrate discharged the accused driver holding that the accusation was groundless. This order was passed on 6th January, 1951.

Meanwhile, the Regional Transport Officer called upon the petitioner by a communication, dated 3rd November, 1950, to show cause why his permit should not be cancelled or suspended as the lorry was engaged in smuggling foodgrains. The petitioner submitted his explanation, but the officer passed an order on 3rd March, 1951, suspending the permit for a period of three months from 1st






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