ZILLA PARISHAD Vs. AMI CHAND

JUDGEMENT

(1.) THIS appeal has, been preferred by the Zila Parishad. Aligarh against the order of the learned Additional Sessions Judge, Aligarh dated 29-71968 acquitting the respondent of the charge under section 239 of the Kshettra Samitis and Zila Parishad Adhiniyam, 1961 (hereinafter to be referred as the Adhiniyam) for violating bye-laws Nos. 3 and 5. The trial court had convicted the respondent and sentenced him to pay a fine of Rs. 75/- or in default to undergo simple imprisonment for three weeks. On appeal the conviction and sentence were set aside.

(2.) THE prosecution case was that on the 20th September, 1967 the Licence-Inspector of Zila Parishad namely Sri Viri Singh found the accused respondent running a flour mill in village Javan, district Aligarh without a licence, which was essential under the Adhiniyam. He was consequently prosecuted. He pleaded not guilty and contended that the flour mill's electric power had been disconnected since 1967 and hence the mill ceased to function thereafter. This plea was, however, repelled by both the courts and the matter is concluded by concurrent findings of fact.

(3.) THE other defence which the accused raised from the very outset and consistently pressed was that the Zila Parishad did not provide any amenties to the licencees and hence had no right to levy any licence fee with the result that the accused could not be prosecuted for having not obtained any licence for running the flour mill in question. This; plea was rejected by the trial court but found favour with the appellate court. It was not disputed that on demand being made by the Licence Inspector the accused was unable to produce any licence.