MANHERLAL H BAROT Vs. RAVJI JADAV

JUDGEMENT

(1.) The appellant in this appeal is the Bagasara Municipality through its Sanitary Inspector and the respondents are the State of Gujarat and the original accused. This appeal arises under the following circumstances:-

(2.) The accused in this case is a vendor of ice and he was standing at a particular spot within the limits of Bagasara Municipality selling ice from his hand-cart or hand-lorry and when he was selling Ice to his customers the Sanitary Inspector asked him to remove the hand-lorry and when the accused refused to remove the hand-lorry it was got removed by the Sanitary Inspector; and thereafter the accused was prosecuted for contravention of the provisions of sec. 185(1) of the Gujarat Municipalities Act 1963 being Gujarat Act No. XXXIV of 1964. The learned Judicial Magistrate F. C. Bagasara who tried the case held that the accused was not guilty of the offense under sec. 185(1) of the Gujarat Municipali ties Act and thereafter the Bagasara Municipality through its Sanitary Inspector has filed this appeal against the order of acquittal.

(3.) At the stage of the appeal the facts are not in dispute and we proceed on She footing that at the relevant time the accused was found to have kept his hand-cart or hand-lorry on a public street in Bagasara within the jurisdiction of Bagasara Municipality