EMPEROR Vs. J C DSOUZA

JUDGEMENT

(1.) This is an appeal by Government against the order of acquittal made by Mr. T. S. Vyas and dated June 20 1945. The charge with which the accused was brought before the learned Magistrate is in. these terms:

(2.) The learned Government Pleader has stated at the outset that the point involved is a technical one and that it is with regard to whether a sufficient sanction has been given within the true meaning of Clause 23 of the Order. Clause 23, so far as is material in this ease, reads:

(3.) The clause in my view is not very happily worded as it does not specify the precise sanction which has to be given, but used in that context the words the previous sanction must relate to a prosecution for a contravention, and in my opinion it is incumbent on Government in each case to show that such a sanction had been given. It must be borne in mind that clauses of this character are for the public benefit.