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1979 Supreme(Ori) 91

J.K.MOHANTY
GOBARDHAN MOHAPATRA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
M/s G.P. Mohanty and H.N. Mohapatra, Advocates, for the Appellants; Additional Government Advocate, for the Respondent

JUDGMENT :

J.K. Mohanty, J. - Petitioner No. 1 Gobardhan Mohapatra and petitioner No. 2 Ram Chandra Das, who were the driver and conductor respectively of motor vehicle No. O.R.B. 2504, have been convicted under section 112 of the Motor Vehicles Act (hereinafter referred to as the 'Act') and have been sentenced to pay a fine of Rs. 500/- each in default to S.I. for months each by Shri A.H. Khan, Judicial Magistrate First Class, Balasore, in a mobile Court. The fine was realised at the spot.

The allegation against the petitioners is that on 22-7-1978 at about 7.30 p.m. they were plying the All India Tourist vehicle O.R.B. 2504 of which there was no authorisation slip of the owner to the cash conductor, the front lights were not properly black-shaded, there was no trip-sheet and the first aid box was not properly maintained. The S.I. of Town Police-Station, Balasore, stopped the vehicle and produced the accused persons before Shri A.H. Khan, Judicial Magistrate First Class, Balasore, who was holding mobile Court at Kuruda Chouk. It is alleged that the accused persons were convicted under section 112 of the Act as they pleaded guilty and were sentenced to pay a fine of Rs. 500/- each in
























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