L.N. GADODIA AND SONS LTD Vs. STATE

JUDGEMENT

(1.) THIS is an application for revision arising from the conviction of the applicant recorded under Section 381(1) (i)(d) of the Bombay Municipal Corporation Act and the sentence of fine of Rs. 30 passed upon him by the learned Presidency Magistrate, 19th Court, Esplanade, Bombay.

(2.) THE applicant in this case is a company and owns godowns standing on some land in Zaoba's oart. The applicant stores cloth bales in them. It appears from the record that the Commissioner issued a notice purporting to be under Section 381(1) (ii) of the Bombay Municipal Corporation Act calling upon it to abate what he considered the nuisance caused by storing the cloth bales and thread bobbin boxes in the godowns by removing them from the godowns. The applicant failed to comply with the terms of this notice and was thereupon prosecuted for the offence under Section 381 of the Bombay Municipal Corporation Act.

(3.) THE learned trial Magistrate treated this case under Section 381(1) (i)(d), and coming to the conclusion that the notice was good has convicted the applicant. It has come in revision.