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Petitioner: SHAMSHER JANG VS Respondent: THE STATE
P L D 1978 Lahore 937
P L D 1978 Lahore 937
Before Gulbaz Khan, J
SHAMSHER JANG-Appellant
versus
THE STATE-Respondent
Criminal Revision Petition No. 148-A of 1977, decided on 10th October 1977.
'West Pakistan Motor Vehicles Ordinance (XIX of 1965)-
-- S. 112 read with West Pakistan Motor Vehicles Rules, 1969, r. 226Music, playing of-Playing of music in public service vehicles while passengers sitting-An offence-Confiscation of articles however, used m playing music, held, not permissible under S. 112.-[Offence].
B: A. Chaudhry for Petitioner.
Muhammad Nawaz for the State.
JUDGMENT
The petitioner was convicted under section 112 of the Motor Vehicles
Ordinance 1965 read with. rule 226 of the Motor Vehicles Rules 1969. In) fact it was a violation of rule 226-A, which came into force on 14th A 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 are all and one loud speaker 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, 1969 that the aforesaid articles could also be confiscated. This legal proposition is not disputed by the learned counsel appearing for the State. 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.
S. A. H. Order accordingly.