This is an appeal by the Provincial Government against the acquittal of the two respondents for offences under the Motor Vehicles Act, 1939. The first respondent who was the driver of pleasure car No. 1487, was charged under section 3(1) of the Motor Vehicles Act in that he drove a motor vehicle in a public place without an effective licence issued to him authorising him to drive the vehicle; and the second respondent was charged under section 5 of the same Act which states that no owner, or person in charge of a motor vehicle, shall cause, or permit any person who does not hold an effective licence, to drive the vehicle. The Sub-Magistrate of Tiruchendur found that the respondents did not commit any offence and acquitted both of them.

On 10th March, 1949, at about 10-30 p.m., P.W.2 found the first respondent driving the motor vehicle in question along the road from Tiruchendur to Kurumbur and the owner, the second respondent, was in the car. When directed to produce the driving licence, the first respondent was unable to do so because he did not, at that time, possess a licence. His case was that he had an effective licence which is marked as Ex. P-1 valid up to 11th Januar