1963  Present : H. N. G. Fernando, J.

N. M. BANDA, Petitioner, and K. S. S. PERERA, Respondent

S. C. 16 of 1963-Application for Revision in M. C. Negombo, 13400

Motor Traffic Act-Section 136 (4)-Suspension of driving licence-Duty of Court to call upon the accused for his explanation-Gravity of the offence of driving a motor vehicle without an effective policy of insurance.

An order of suspension of a driving licence should not be made without first giving the accused an opportunity of giving his explanation.

If, because of special circumstances, an order of suspension of the driving licence is not made under section 136 (4) of the Motor Traffic Act when a person is convicted of driving a motor vehicle without an effective policy of insurance, a substantial fine should be imposed.

APPLICATION to revise an order of the Magistrate's Court, Negombo.

A. Wijesekera, with D. S. Wijesinghe, for accused-appellant.

R. I. Obeyesekere, Crown Counsel, for Attorney-General.

March 6, 1963. H. N. G. FERNANDO, J.-

The accused was charged in this case firstly with driving a motor vehicle without a revenue licence and secondly for driving the same vehicle