Callow J:

This is an appeal from the Court of the Magistrate, Seremban, against the acquittal and discharge of the respondent on the 23 April 1948, following a charge contravening reg. 6 of the Motor Vehicles Commercial Use Regulations. It will be observed that the case came on for hearing just before the Motor Vehicles Commercial Use (Amendment) Regulations, 1948, came into effect on the 1 May 1948, which amendment caused reg. 6 to be re-numbered 7.

The ground of appeal is:

Your Petitioner is dissatisfied with and appeals against the discharge and acquittal of che said Respondent on the ground that the learned Magistrate misdirected himself in holding that mens rea on the part of the Respondent was an essential element of the offence.

On this issue the learned Deputy Public Prosecutor cited the case of the PP v. Ong Cho Teck [1946] MLJ 85 and argued that an absolute duty was imposed upon the owner.

The facts are that on the 6 February 1948, a lorry driven by one Nagar Singh was found to be overloaded. The driver was proceeded against and very heavily fined. I have not seen the record of the proceedings against Nagar Singh, but according to his evidence in this case th