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Petitioner: SHAMSHER JANG VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Gulbaz Khan Title: SHAMSHER JANG vs THE STATE Case No.: Criminal Revision No, 148/A of 1977 Date of Judgment:1977-10-09 Reported As: 1978 P Cr. L J 167 Result: Petition allowed
JUDGMENT
JUDGMENT ' The petitioner was convicted under section 112 of the Motor Vehicles Ordinance, 1965 read with Rule 226 of the Motor Vehicle Rules, 1969. In fact, it was a violation of Rule 226-A, which came into force on 14th November 1972. The offence was with regard to the playing of music in the public service vehicle at the time while the passengers were sitting. The petitioner was sentenced to pay a fine of Rs, 100. It was ordered by the learned Magistrate that Philips Radio, record-player, 56 records, one aerial and one loudspeaker shall be confiscated. 2. It was contended by the learned counsel for the petitioner that the aforesaid articles could not be confiscated as the maximum sentence under section 112 for the first offender was fine to the extent of Rs, 100 and for subsequent offence of the same nature, a fine of Rs, 500. His submission was that it was nowhere provided in section 112 of the Motor Vehicles Ordinance, 1965, that the aforesaid articles could also be confiscated. This lega proposition is not disputed by the learned counsel appearing for the State. A I have also gone through the provisions of section 112 and agree with the contention of the learned counsel for the petitioner. The revision petition is accepted and it is ordered that the articles mentioned above shall be restored to the petitioner.