STATE Vs. UMASHANKAR KRUPASHANKAR

JUDGEMENT

(1.) THE respondent, Umashankar, was prosecuted for an offence under Section 3 of the Central Provinces and Berar Regulation of Couching Act, 1944, but was acquitted by the trying Magistrate. The State Government feeling themselves aggrieved by the. decision have come up in appeal.

(2.) THE only question in this appeal is whether the respondent who is registered as a medical practitioner under Section 16 of the Central Provinces and BerarAyurvedic and Unani Practitioners Act, 1947, could be deemed to be a 'registered practitioner' within the meaning assigned to the term in the Central Pro -vices and Berar Regulation of Couching Act, 1944. Section 2 of that Act says that the expression 'registered, practitioner' shall have the meaning assigned to it in the C.P. and Berar Medical Registration Act, 1916. The latter Act defines 'registered practitioner' as follows:

(3.) ON the face of it, there seems to be some substance in this argument; but there is one more provision of law which has a bearing on this point, and, therefore, it has to be considered, it is Section 19(a) of the C.P. and Berar Ayurvedic and Unani Practitioners Act. It reads: 19. Notwithstanding anything contained in any law for the time being in force (a) the expression 'legally qualified medical practitioner' or 'duly qualified medical practitioner' or any word or expression importing a person recognised by law as a medical practitioner or as a member of the medical profession shall in all Acts of the Legislature of Madhya Pradesh and in all Central Acts in their application to Madhya Pradesh in so far as such Acts relate to any of the matters specified in List II or List III of the Seventh Schedule to the Constitution, include a registered practitioner; Now, the words used 'any word or expression importing a person recognised by law as a medical practitioner or as a member of the medical profession' clearly provide that in the definition of registered practitioner contained in Section 3 of the C.P. and Berar Medical Registration Act as adopted by the Regulation of Couching Act we shall have, for the purposes of the latter Act, to read also the words 'any person who is registered under the G. P. and Berar Ayurvedic and Unani Practitioners Act, 1947 (IV of 1958).' The petitioner being such a person is not disqualified by Section 3 of the Regulation of Couching Act from performing an eye operation. We would, however, like to make it clear that it is not our view that a person registered under the B.A.U.P. Act is also entitled to be registered under the Medical Registration Act.