SANITARY ASSISTANT MUNICIPAL COUNCIL QUILON Vs. PURUSHOTHAMAN

JUDGEMENT

(1.) This appeal has been filed by the Sanitary Assistant of the Quilon Municipal Council against the order passed by the Court of the Honorary 1st Class Bench of Magistrates, Quilon, acquitting the respondent,

(2.) The charge against the accused was that on 1-1-59 in his shop in Palace Ward, Quilon he stored gas and manufactured aerated waters without obtaining the requisite licence. Under S.261 of the Travancore District Municipalities Act - Act XXIII of 1116 the Municipal Council may by notification in the gazette prohibit the use of any place within the municipal limits for any one or more of the purposes mentioned in the Schedule III without the licence of the Executive Authority and under S.342 (2) a fee may be charged for every such licence at such rate as may be fixed by the council. In exercise of these powers rates of fees were fixed. Item 1 prescribes a fee of Rs. 6/- for aerated water manufacturing and item No. 53 prescribes a fee of Rs. 12/- for storing gas.

(3.) According to the accused he is manufacturing aerated waters for which the fee payable by him is only Rs. 6/- and that he has stocked gas only for the purpose of manufacturing aerated waters. There was no case for the prosecution that the accused was storing more than what was actually necessary for the manufacture of aerated waters or that he was storing it for sale or for any other purposes. It is conceded that aerated water cannot be manufactured without gas. In fact only one cylinder containing gas was found in the shop on inspection. The learned 1st Class Bench of Magistrates found the accused guilty and convicted him for manufacturing aerated waters without a licence but acquitted him of the offence of storing gas. According to the prosecution the accused is bound to take out licence for each of the purposes mentioned.