STATE OF U P Vs. MANMOHAN NAUITAYAL

JUDGEMENT

(1.) THE State of U. P. has preferred this appeal against the order of acquittal passed by the Civil and Sessions Judge, Meerut setting aside in appeal the order of conviction recorded by the City Magistrate against the present respondent under Section 35 of the Uttar Pradesh Dookan Aur Vanijya Adhisthan Adhiniyam, 1962 U. P. Act No. XXVI of 1962 Hereinafter referred to as the Act.

(2.) THE respondent is a photographer and carries on the business of photography in his studio in a part of his shop. On May 23 1968. the Inspector M. P. Singh visited his shop at 8. 15 p. m. and found that he was busy in his studio taking photographs of three or four persons. On a complaint filed by the Inspector the respondent was charged for contravention of Section 5 of the Act read with Rule 3 of the Uttar Pradesh Dookan Aur Vanijya Adhisthan Niyamavali. 1963 hereinafter referred to as the Rules.

(3.) THE defence of the respondent was that his establishment was engaged in manufacturing process and was exempt from the operation of the provisions of Section 5 of the Act and Rule 3 of the Rules. It was also pleaded that the commercial establishment of the respondent was not open on the said date and time and the business was also closed and the Inspector visited the establishment when he was comming out of it. and in any case, the premises were not open for business.