1956 Present : T. S. Fernando, J.

A. L. M. ISMAIL, Appellant, and H. L. PERERA (Sub-Inspector
of Police, Hatton), Respondent

S. C. 514-M. C. Hatton, 8,387

Hiring car-Carrying too many passengers-Suspension of driver's driving licence--Legality-" Offence committed in connection with the driving of a motor vehicle"--Motor Traffic Act No. 14 of 1951, ss. 138 (1), 181 (1), 226.

When a person is convicted of driving a hiring car carrying therein passengers in excess of the permitted number, the offence is one committed in connection with the driving of a motor vehicle within the meaning of section 138 (1) of the Motor Traffic Act. Therefore, an order of suspension of his driving licence is not illegal.

APPEAL from a judgment of the Magistrate's Court, Hatton.

C. Chellappah, for the accused-appellant-

Ananda 0. de Silva, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

August 7, 1956. T. S. FERNANDO, J.-

The appellant was convicted on his own plea on the following charge :-

" That he did on 4th February 1956 at Dickoya, being the driver of hiring car No. CN. 5655 on a highway, to wit, Main Street, Dickoya, carry therein 17 adult pe