Byers, J.

1. The petitioner is the driver of a motor bus who has been convicted under Section 123(1) read with Section 42(1) of the Motor Vehicles Act for driving his bus with nine and a half passengers in excess of the number specified in the permit for the vehicle. He was sentenced to pay a fine of Rs. 75 by the Stationary Sub-Magistrate and in appeal the conviction was confirmed but the fine was reduced to Rs. 25. The only point taken in revision is that the conviction is illegal because Section 123 (1) has no application and because it is no part of the drivers duty to prevent the vehicle being used in excess of its specified seating capacity. This duty, it is contended, has been cast on the conductor under Rule 218 of the Madras Motor Vehicles Rules framed in exercise of the powers conferred by Section 67 of the Motor Vehicles Act. It is admitted that there was a conductor on the vehicle at. the time but the learned Public Prosecutor supports the conviction on the ground that Section 123 (1) of the Act is sufficiently wide to cover the case of a driver who drives the vehicle in an overloaded state, this being in contravention of Sub-section (i) of Section 42 of the Act. Th