( 168 )
Present: Drieberg J.
SUB-INSPECTOR OF PO:ICE, TANGALLA v.
568—P. C. TangaUa, 21,883.
Motor car—Endorsement of particulars of offence obligatory—Cancel-lation of certificate discretionary—Oversight of Police Magistrate—Subsequent order—Ordinance No. 20 of 1927, s. 39 (I) (a).
An order for the cancellation or suspension of the certificate ofthe driver of a motor vehicle under section 39 (1) (a) is discretionaryin Court. Such an order is in the nature of a punishment andcan only be made by the Magistrate who tried and convicted theaccused.
An order for the endorsement of the particulars of an offenceupon the certificate is obligatory upon Court.
Where the Court omits to make such an order at the time ofconviction, the endorsement may be made later.
PPEAL from an order of the Police Magistrate of Tangalla.
H. E. Qarvin, for the accused, appellant.
October 17, 1928. Dbiebebg J.—
The appellant was charged with not fitting his motor bus with amirror as required by section 13 of the Motor Car Ordinance of 1927.On July 6 last he pleaded guilty to the charge and was fined Rs. 10.
Section 39 (1) (a) of the Ordinance enacts that unless otherwiseprovided the Court shall, when a person is convicted of an offenceunder the Ordinance or any other written law connected with thedriving of a motor car, endorse upon the certificate, particulars ofthe conviction, and also whether, as provided by the earlier partof the same section, an order of suspension or cancellation has beenmade.
Apparently the appellant did not have his licence with him whenhe was convicted, and on July 14 following he was noticed toproduce it. He produced his licence on August 10 ; there wassome argument by his Proctor upon matters which I need not dealwith, because they are not relevant to the grounds on which I amdealing with this appeal. The Police Magistrate, who was not thePolice Magistrate who convicted him on July 6, made ordersuspending his certificate for one month. The appellant appealsfrom this order.
In my opinion, the Police Magistrate had no power to make thisorder. Orders for suspension or cancellation are discretionary inthe Court. They are in the nature of a punishment or penalty,
( 169 )
and, if such orders are made, they can only be made by the PoliceMagistrate who tried and convicted the accused. I cannot seehow, when an accused has been once convicted and his punishmentindicated, he can subsequently have an additional punishmentimposed upon him by another Magistrate, or even, for a matter ofthat, by the same Magistrate on a later date.
The order made under the first part of section 39 (1) (a) forendorsement of licences are not discretionary but obligatory uponthe Court, and I see no reason why the Court, if it had by an oversightomitted to make the endorsement, cannot do so thereafter. It isin no sense a punishment, but merely a record of a conviction anda punishment. I therefore set aside the order appealed from.The Police Magistrate will cause to be endorsed upon the certificateparticulars of the conviction of the appellant entered on July 6,1928.
Inspectorof Police,TangaUa v.Wickreme-swriya
SUB – INSPECTOR OF POLICE, TANGALLA v. WICKREMESURIYA