ORDER Lodge, J. - The petitioner was convicted of contravening R. 96 (b) (i), Bengal Motor Vehicles Rules 1940 and was sentenced to pay a fine of Rs. 50. The undisputed facts are that the petitioner was driving taxi No. BLT 341 slowly along the street near the post office with the indicator flag of the taxi meter in a vertical position. Mr. N. Huda, P. W. 1, signalled to the taxi and asked the driver to take the witness to the Hare Street Police Station. The driver refused to do so and proceeded on his journey. The witness jumped upon the footboard, made the driver stop and then with the assistance of a constable took the driver to the police station. There was sufficient petrol in the taxi cab though the petitioner gave as his reason for not taking the witness the fact that he had not sufficient petrol. It has been argued before me that the facts proved do not constitute a contravention of R. 96 (b) (i), Bengal Motor Vehicles Rules, 1940. The rule in question reads : No driver of a motor cab shall-(i) refuse to accept a fare when the indicator flag of the taxi meter is in a vertical position and the motor cab is on an authorised stand or otherwise stationary in a public place. 2. In the present case the indicator flag of the taxi meter was in a verticle position, but admittedly the motor cab was not on an authorised stand, nor was it otherwise stationary in a public place. The learned Magistrate in his explanation has contended that the offence is committed if the driver of a motor cab shall refuse to accept a fare when the indicator flag of the taxi meter is in a vertical position or if he shall refuse to accept a fare when the motor cab is on an authorised stand or otherwise stationary and in a public place. In my opinion the clear meaning of the section is that to constitute an offence at the time when the driver refuses to accept a fare not only shall the indicator flag of the taxi meter be in a vertical position, but the motor cab must also be on an authorised stand or otherwise stationary. In my view the facts proved do not establish any offence and the petitioner was therefore wrongly convicted. In my view the facts proved do not establish any offence and the petitioner was therefore wrongly convicted. The rule is made absolute; the conviction and sentence are set aside and the petitioner is acquitted. The fine, if paid, will be refunded. G.B./D.H. Rule made absolute.