( 1 ) THIS is an appeal by the State against an order dated the 1st February 1961, of the Regional transport Magistrate, Aligarh, acquitting the respondents of an offence under Section 123, motor Vehicles Act, (hereinafter referred to as the Act ).

( 2 ) BHAWANI Shankar Gautam, respondent No. 2, is the owner of a transport vehicle No, UPB 2217, and the respondent No. 1, Abdul Latif, was a driver on it. At about 5-45 p. m. on the 6th september, 1960 while the transport vehicle was being driven by respondent No. 1 on the hathras-Aligarh route it was found on checking by the Assistant Regional Transport Officer (E)that there was no permit for the Hathras Aligarh route. The respondents were therefore prosecuted under Section 123 of the Act.

( 3 ) THE plea of the two respondents was that Bishambhar Singh who was a Manager brought his relation suffering from cholera to Lon and asked the driver Abdul Latif to take him to Aligarh hospital and that as the condition of the patient was serious he brought him in the truck to aligarh and on the way it was checked by the Assistant Regional Transport Officer.

( 4 ) THE learned Magistrate, believing the testimony of the Assistant