STATE OF GUJARAT Vs. ACHARYA SHRI DEVENDRAPRASADJI PANDE

JUDGEMENT

(1.) This is an appeal by certificate against the Judgment of the High Court of Gujarat setting aside an order of a Magistrate by which the respondent was convicted of an offence under sec. 67 read with sec. 37 of the Bombay Public Trusts Act 1950 (as adapted and applied to the State of Gujarat), hereinafter referred to as the Act, and sentenced to pay a fine of Rs. 300/-, in default of payment of which he was to suffer rigorous imprisonment for two months.

(2.) The respondent is one of the trustees of a trust known as "Shri Swami Narayan Mandir" at Ahmedabad which is registered as a public trust in the office of the Charity Commissioner. The trust is managed under a scheme prepared by the High Court of Bombay. It appears that the Chariy Commissioner learnt about certain constructions having been made by the respondent trustee without permission from him. On March 22, 1962 a letter (Exh. 3) was addressed from his office to the respondent the material part of which may be repoduced:

(3.) As no reply was received from the respondent reminders were sent to him on April 20, 1962 and May 10, 1962 followed by a telegram despatched on May 23, 1962. A reply was sent by the respondent giving the particulars of the buildings which had, been constructed. Reference was made to the resolutions of the Committee relating to these construction together with the amount spent on them.