VIJAYAMMA Vs. THANKAPPAN PILLAI

JUDGEMENT

(1.) This appeal is against acquittal, preferred by the Executive Officer of the Chavara Panchayat in S. T. case 356 of 1966 on the file of the Additional First Class Magistrate of Karunagappally.

(2.) The accused is a retail licensee under Clause.10 of the Kerala Kerosene Control Order, 1965. The complainant's case is that the accused stored kerosene oil in a shop within the jurisdiction of the Panchayat without taking a licence as contemplated in S 96 of the Panchayats Act and thus committed an offence punishable under S.109, clause (5) sub clause (b) of the Act. The case of the accused, on the other hand, is that he is the holder of a licence issued to him by the District Supply Officer authorising him to deal retail, in kerosene within the Chavaral Panchayat and as such he is not bound to take another licence from the Panchayat. The learned Magistrate has accepted this plea and acquitted the accused. According to the learned Magistrate the relevant provisions of the Panchayats Act and rules are inconsistent with the provisions of the Kerosene Control Order and as such inoperative, under S.43 of the Defence of India Act, 1962. S.43 reads: