STATE Vs. KOCHANDY OMMEN

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment of the Division First Class Magistrate of Alleppey passed on 29. 11. 1951 in C. C. No. 131 of 1951 on the file of his Court acquitting the accused. The case was one started on a complaint filed by a Circle Inspector of Police as authorized by Government under Section 42, Travancore Medical Practitioners' Act, 1119 (Act 7 of 1119) for an alleged contravention of Section 39 (1) of the said Act.

(2.) SECTION 39 (1) of the Act runs thus:

(3.) SUB-SECTION (2) of the section prescribes the punishment for the offence specified in Sub-section (1 ). Section 38 enacts as follows: The right of conferring, granting or issuing in Travancore degrees, diplomas, licenses, certificates or other documents stating or implying that the holder, grantee or recipient thereof is qualified to practice any of the various systems of medicine, shall be exercisable only by such authority as Our Government may by institution in Our Government Gazette, and subject to such con, dictions and restrictions as it thinks fit to impose or authorize in this behalf. The substance of the charge levelled against the accused was that an institution he conducted at Mavelikara under the name and style of "grace Medical Mission" was issuing a diploma known as C. S. G. M. to the successful candidates who pass out a course in Homoeopathy from that institution and that the diploma so granted was a colourable imitation of similar diplomas granted by bodies or institutions authorized under Section 38, Medical Practitioners' Act, 1119. The accused contended that the diploma was granted by the 'all India Association of Homoeopathy and Naturopathy' Calicut, which was an association registered by the Societies Registration Act, 1860 (Act 20 of 1860), that he was not personally responsible for the said association granting the diploma and that the diploma granted by the said association was not a colourable imitation of any degree, diploma etc. granted by any authorized body or institution. The learned Division First Class Magistrate accepted these contentions and acquitted the accused. The State has now preferred this appeal.