STATE OF GUJARAT Vs. BATUKBHAI HARGOVIND VORA

JUDGEMENT

(1.) [After stating the facts His Lordship further stated:-]

(2.) Now it is clear and over which there is no dispute that the lighted torches such as found from the hands of 3accused Nos. 1 to 4 cannot come within the term explosive. The only point made out by Mr. Nanavati the learned Assistant Govt. Pleader for the State was that the carrying of burning torches would be covered by the words carrying of any corrosive substance used in sec. 37 of the Act as the meaning thereof would be as good as *** used in clause (2) of the Gujarati notification Ex. 4 in the case. The accused Nos. 1 to 4 could therefore be said to be the persons having committed a breach of notification inasmuch as they were found carrying burning torches on the night of 5-8-64 and they are therefore liable for the offence punishable under sec. 135 of the Act. He referred to the Shorter Oxford English Dictionary where according to him corrosive is said to mean consuming or destroying and even refers to `fires. On the other hand it was said to mean `gnawing eating away or destroying gradually and in no case as meaning in ordinary parlance as carrying `fire substance. If any such meaning was intended the use of words such as inflammable or combustible substance would have been in sec. 37 of the Act.

(3.) Now the term corrosive substance is not defined either in the Bombay Police Act or even in the Indian Penal Code where we find such a term used in certain sections such as secs. 324 and 326 of the Indian Penal Code. We would therefore turn for its meaning to some standard English Dictionaries. In Shorter Oxford English Dictionary the term corrosive is shown to arise out Or the word corrode and the meaning thereof is given as (1) to eat into; to eat or gnaw away; (2) To wear away or destroy gradually as if by eating or gnawing away the texture. Then the meaning of the term corrosive is given as under:-