JUDGMENT A.N. Mulla, J. - This is a reference made by the learned Sessions Judge, Lucknow recommending that the conviction and fine imposed upon Vishwanath applicant u/s 123, Motor Vehicles Act, 1939, read with S. 22 of the said Act be set aside. 2. The applicant was the owner of a tractor and a trailer and he was prosecuted because he had failed to get the trailer registered according to the requirements of S. 22 of the Motor Vehicles Act. The Sessions Judge came to the conclusion that because the trailer was attached to the tractor at the time when it was on the roads, therefore, in view of the language of S. 40(2) of the Motor Vehicles Act a separate registration of the trailer was not necessary. 3. I have heard the counsel for the applicant as well as the counsel for the State and in my opinion that reference made by the learned Sessions Judge is not in keeping with the law and so it cannot be accepted. I now proceed to give my reasons. 4. u/s 2 (18), Motor Vehicles Act, 1939, a motor vehicle is defined as follows: motor vehicle' means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chasis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises." It would be seen from the definition cited above that a chassis without a body and a trailer is included in the definition of motor vehicle. It cannot, therefore, be disputed that a trailer is a motor vehicle. Then we come to S. 22 of the Motor Vehicles Act. It runs as follows: No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place for the purpose of carrying passengers or goods unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner. 5. 5. This section makes it clear that every motor vehicles should be registered if it is to be driven in any public place and the registration mark should be displayed in the prescribed form. It, therefore, follows that a trailer before it can be placed on the roads should be registered and the registration mark upon the trailer should be dis played in the prescribed manner. In conformity with this section the UP Motor Vehicles Rules, 1940, were framed. R. 26 runs as follows: (a) The registration mark of a trailer shall be exhibited on plane plate or surface on the left hand side of the trailer. The letters, figures, space and margin shall be not less than two thirds of the dimensions prescribed in Cl. (1) of Sub-R. (c) of R. 25. (b) The registration mark of the drawing motor vehicle required by the Act to be affixed to the rear of a trailer shall be in conformity with all the provisions of these rules in relation to the registration mark affixed to the rear of a motor vehicle." Reading S. 22 of the Motor Vehicles Act and R. 26 of the Motor Vehicles Rules it is made perfectly clear that a trailer has to bear the registration mark and when it is attached to a drawing motor vehicle then the registration mark of the drawing motor vehicle should also be affixed to it as in the case of the motor vehicle itself. 6. Applying these rules to the facts of this case it is apparent that the trailer which was being drawn by a tractor in this case was not registered separately and it bore only the registration mark of the tractor to which it was attached. There was thus a contravention of S. 22 of the Motor Vehicles Act and it was for this contravention that the applicant was prosecuted and convicted u/s 123 of the Motor Vehicles Act. 7. The learned Sessions Judge, however, came to the conclusion that when a trailer is attached to a drawing motor vehicle then under those circumstances it need not be separately registered. I have been unable to find any provision of law to support the view expressed by the Sessions Judge. The Sessions Judge relied upon the language of S. 40 of the Motor Vehicles Act. I have been unable to find any provision of law to support the view expressed by the Sessions Judge. The Sessions Judge relied upon the language of S. 40 of the Motor Vehicles Act. S. 40 runs as follows: (1) The registration mark assigned to a trailer shall be displayed in the prescribed manner on the side of the vehicle. (2) No person shall drive a motor vehicle to which a trailer is or trailers are attached unless the registration mark of the motor vehicle so driven is displayed in the prescribed manner on the trailer or on the last trailer in the train, as the case may be. 8. It is in interpreting Sub.S. (2) of S. 40 that the Sessions Judge went astray. He inferred from the words used that only the registration mark of the driven vehicle may be displayed on the trailer and thus there is no necessity of the trailer being separately registered and displaying its own registration mark. In my opinion, Sub-section (2) only means that in addition to its own mark, the trailer should also under these circumstances display the registration mark of the driving vehicle. It is inconceivable that although the law makes it obligatory that every motor vehicle should be registered and the trailer is included in the definition of a motor vehicle, yet in such a case where the trailer is dragged by any motor vehicle it makes an exception and does not insist that the trailer should also bear its own registration mark. So far as I can understand it, Sub-section (2) of S. 40 stresses the fact that the registration mark of the driving vehicle should also be displayed by the trailer in addition to its own registration mark. This is done in the interest of detection of the offending vehicle in case of a mishap or accident. If a driving vehicle is proceeding on the road with several trailers behind it and the trailer at the back does not display the registration mark of the driving vehicle, a situation can arise where the traffic constable on duty or the persons on the road may not be able to get the number of the driving vehicle because of the long train of trailers behind it. It would create difficulties in the way of detection of the offending vehicle. It would create difficulties in the way of detection of the offending vehicle. It is to safeguard against such a situation that this rule has been added. I cannot accept that several trailers can be attached to a driving vehicle and although it would create traffic difficulties still no registration of the trailers is required and the driving vehicle along with the attached trailers can be treated as only one Registration and driving unit. I am, therefore, of the opinion that S. 40 (2) does not abridge or override the requirements of S. 22 of the Motor Vehicles Act. Every motor vehicle must be registered and the language of S. 40 (2) does not warrant the conclusion that an exception is made in the case of those trailers which are attached to a driving vehicle. 9. In view of my findings and the conclusions given above, I am of the opinion that the applicant was rightly convicted u/s 123 of the Motor Vehicles Act for a breach of S. 22 of the said Act. I, therefore, uphold the order of conviction passed by the trial court and reject the reference made by the Sessions Judge. The fine, if not paid, should be deposited within fifteen days.