KESHO RAM Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) The High Court of Delhi had confirmed the conviction of the appellant under Sections 353/332/333 of the Indian Penal code, and a sentence of one year's rigorous imprisonment on each count, and also to a fine of Rs. 400/-, and, in default of payment of fine, to four months further rigorous imprisonment under Section 333, Indian Penal Code. The appellant has come to this Court by grant of special leave.

(2.) It was alleged that the appellant had, on 17-3-1967, at 4.30 p.m., in Rameshwar Nagar, obstructed Sarvashri Rattan Singh, Maharaj Singh and Raghbir Singh, Section Inspectors, and Dunger, a Peon of the Delhi Municipal Corporation, when they went to seize a buffalo belonging to the appellant in the discharge of their duty to realise the milk tax from him, and struck Rattan Singh on the nose with the result that it bled and was also fractured.

(3.) The main contention on behalf of the appellant is that the attempt to realise Rs. 153.75 as arrears of milk tax together with Rs. 10/- as recovery charges was illegal, because compliance with the provisions of the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as 'the Act'), for the payment and recovery of taxes, and, in particular with the requirements for a notice of demand contained in Section 154 of the Act, was wanting so that he had a right to private defence.