AIYAPERUMAL ACHARI Vs. STATE

JUDGEMENT

(1.) The accused who is a goldsmith by profession and who is carrying on business at Trivandrum has brought this criminal revision petition against the decision of the learned Sessions Judge of Trivandrum in Crl. Appeal No. 16 of 1124. The learned Judge has confirmed the conviction and sentence passed on the accused by the First Class Bench of Magistrates at Trivandrum and dismissed the appeal.

(2.) The accused was prosecuted under S.375 of the Trivandurm City Municipal Act (IV of 1116) read with S.295, Schedule IV, and S.384 of the same Act. The case against the accused was that he carried on his profession as a goldsmith in a building in the city of Trivandrum without obtaining a license for beating metal as required by Schedule IV of S.295 of the Act aforesaid. The accused admitted in the Trial Court that he was carrying on his profession as a goldsmith which involved beating of gold for making ornaments and other articles. He pleaded in both the courts below that for doing this business, no license was required, since the relevant clause of Schedule IV relied upon by the prosecution did not apply to his case. This contention did not find favour with both the courts below and therefore on the question of law as to whether a license is necessary in the circumstances of the present case, he has brought the criminal revision petition to this court. Since the question involved is one of importance affecting as it does both the Corporation of Trivandrum and a class of persons resident at Trivandrum who are carrying on business there, the case was directed to be posted before a Bench of two Judges and it has thus come up before us for disposal.

(3.) The learned Sessions Judge has set for the facts clearly in his judgment. According to Clause.(1) of S.295 of the Trivandrum City Municipal Act, no place within the City limits shall be used for any purpose mentioned in Schedule IV without obtaining a license from the Commissioner of the Municipality. This Schedule contains a list of cases in which licenses must be obtained for using premises for particular purposes. In the present case, we are concerned with two of these purposes as given in S.295. The First is Gold Refining. This is followed after a few items by the item Metals-beating, breaking, hammering, casting, etc.