JOHN HEMELTON CHRISTAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant � original complainant, Surat Municipal Corporation under Section 378 Cr. P.C., against the Judgment and order dated 22.10.1988 rendered by the learned Judicial Magistrate First Class, Municipality Court, Surat, in Municipal Case No.1084 of 1988. The said case was registered against the present respondents original accused for the offence under Rules 13(1)(e), 13(2), 28(1), 28(2)(a) of the Octroi Rules and Standing Order Nos.5, 6, 7(1) and 19 and under Section 398 of the B.P.M.C. Act.

(2.) ACCORDING to the prosecution case, on 13/14.11.1987 at about 2:00 O'clock in night accused No.8 was carrying goods and spare parts of textile machinery of accused No.1 Company and accused No.9 firm without paying any octroi on the said goods. During the checking, Octroi Inspector of Surat Municipal Corporation demanded the receipt showing that payment of octroi paid by the respondents on the said goods. The driver could not produce the same and therefore, Octroi Inspector seized the vehicles in question. Hence the complaint came to be lodged.

(3.) IN order to bring home the charges against the accused persons, prosecution has examined several witnesses and also produced documentary evidence.