EXECUTIVE OFFICER ELAYAVOOR PANCHAYAT Vs. M BHARATHAN

JUDGEMENT

(1.) This appeal is against the order of acquittal passed by the II nd Class Magistrate, Cannanore. The complaint was by the Executive Officer, Elayavoor Panchayat, under S.96 and 97 read with S.119 of the Kerala Panchayats Act and the rules made thereunder. S.96 and 97 of the Act read as follows:

(2.) The charge against the accused in the present case was that he installed and worked a 5 horse-power motor in a building within the limits of the Panchayat, without a licence in spite of being called upon to take out one. The facts are that the premises of the accused were inspected on 9 12 1964 and it was found that a 5 horse-power motor had been installed and was being worked. Application for a licence was prepared by the accused on 9 12 1964 and was antedated as on 8 12 1964, and was received in the office of the Panchayat on 10-12-1964. It is seen from the evidence that the said application for license (Ex. P-4) was made by the accused at the direction of P. W. 1, the Executive Officer of the Panchayat.

(3.) The Magistrate acquitted accused mainly on the ground that there had been no notification issued by the Panchayat as required by S.96 of the Act. He also found that the prosecution was barred by time under S.119, the exact time of the commencement of the offence, which it was the duty of the prosecution to prove, not having been proved. It was also found that the burden was on the prosecution to establish that the accused installed the electric motor not for any purpose exempted under the Rules made under S.97 of the Act. (The Kerala Panchayats (Licensing of Dangerous Trades & Factories) Rules, 1963). It was conceded by the counsel appearing for the accused, that the prosecution need not prove that the installation was of any machinery or manufacturing plant not exempted by the Rules. We are therefore concerned to notice in this appeal only the other grounds given by the Magistrate for acquittal.