EMPEROR Vs. HASAM MAMAD

JUDGEMENT

(1.) THIS is a reference made by the Sessions Judge of Ahmedabad in three cases. The accused were convicted under Section 152 of the Bombay Municipal Boroughs Act, 1925, their offences consisting of having allowed hand-driven lorries containing fruit to remain for more than half an hour on a public street in Ahmedabad. The learned Sessions Judge was of opinion that the offences did not fall within Section 152. That Section provides that"(1) Whoever in any area after it has become a municipal district, or borough (a) shall have built or set up, or shall build or set up, any wall or any fence, rail, post, stall, verandah, platform, plinth, step or any projecting structure or thing, or other encroachment or obstruction, or (6) shall deposit or cause to be placed or deposited any box, bale, package or merchandise or any other thing, in any public place or street... shall be punished..."

(2.) THE question is whether the hand-cart, which the accused had kept in the street, fell within the prohibition contained in Section 152, -sub-Section (1), of the Bombay

(3.) THEREFORE we accept the reference in all the three cases, and set aside the convictions in the first two cases (Nos. 13035 and 13036), and the interlocutory order in the third case (No.10195). Fines (if paid) to be refunded.