The maximum speed limit fixed by the Motor Vehicles Act in the Eighth Schedule is a statutory provision that came into force upon the publication of the Act in the official gazette, and exceeding such speed constitutes an offence, even if it is not fixed by a notification under Section 71(2).

Gurdev Singh, J.

1. Amrik Singh (respondent) was tried by the Additional District Magistrate, Rohtak, in exercise of his summary jurisdiction under Chapter XII of the Code of Criminal Procedure for contravention of Section 71 of the Motor Vehicles Act, 1939 . It was alleged that at 12-25 P. M, on 29th March, 1961, while he was driving his passenger-bus No. PNR 2520 on RohtakGohana road, he was found by Inspector Sri Ram, P. W. 1. of the Motor Mobile Patrol, going at the speed of 41 miles per hour, which was 11 miles per hour in excess of the maximum speed fixed by law for the passenger-bus. The prosecution in support of its case had examined Inspector Sri Ram, P. W. 1.

2. Amrik Singh, however, denied the allegation of over-speeding, and in support of his plea that he was going at a speed less than 30 miles per hour examined Ishar Das, D, W. 1, and Charan Das, D. W. 2, who claimed to have been travelling in the same bus.

3. The learned trial Magistrate, without going into the merits of the case, acquitted Amrik Singh recording the brief order, which reproduced in extenso runs as follows:

In absence of any notification regulating speed on the road in question, no conviction is possible under Section 71 of the Motor Vehicles Act, 1939 , Moreover, a speed of 41 miles per hour is not very excessive. The accused is, therefore, acquitted.

4. Aggrieved by this order of the Magistrate, dated 10th July. 1961, the State has come up in appeal under Section 417 of the Criminal Procedure Code.

5. In challenging the acquittal of the respondent Amrik Singh, the Assistant Advocate-General has contended that the view of law taken by the trial Court that no offence can be committed under Section 71 of the Motor Vehicles Act unless the speed-limit is fixed by a notification published in the official Gazette is wrong and he was not justified in ignoring the conduct of the respondent by observing that-the speed of 41 miles per hour at which the respondent was alleged to have been driving was "not very excessive". Both these contentions in our opinion are well founded and must prevail it is not disputed that the speed of 30 miles per hour, for exceeding which the respondent was prosecuted, is not fixed by any notification of the State Government or local authority. The prosecution case, has, however, been that this speed is the maximum prescribed by the Motor Vehicles Act itself in its 8th Schedule.

6. Section 71 of the Motor Vehicles Act 4 of 1939, the Breach whereof is complained, runs as follows: -

71. Limits of speed. (1). No person shall drive a motor vehicle or cause or allow a motor vehicle to be driven in any public place at a speed exceeding the maximum speed fixed for the vehicle by or under this Act or by or under any law for the time being in force: Provided that such maximum speed shall in no case exceed the maximum fixed for the vehicle in the Eighth Schedule.

2. The State Government or any authority authorised in this behalf by the State Government may, if satisfied that it is necessary to restrict the speed of motor vehicles in the interests of public safety or convenience or because of the nature of any road or bridge, by notification in the official gazette, and by causing appropriate traffic signs to be placed or erected under Section 75 at suitable places, fix such maximum speed limits as it thinks fit for motor vehicles or any specified class of motor vehicles or for motor vehicles to which a trailer is attached, either generally or in a particular area or on a particular road or roads: Provided that where any restriction under this section is to remain in force for not more than one month, notification thereof in the official gazette shall not be necessary.

3. Nothing in this section shall apply to any vehicle registered under Section 39 while it is being used in the execution of military manoeuvres within the area and during the period specified in the notification under Sub-section (1) of Section 2 of the Manoeuvres,