BHALCHANDRA RAMCHANDRA NIMKAR Vs. BADRUDDIN MOHAMED HEMANI

JUDGEMENT

(1.) This Revision Application is directed against the order of conviction dated July 18, 1981 passed by the learned Judicial Magistrate, First Class (P.M.C.), Pune.

(2.) The brief narration of the facts in this case is as under:- About 11 a.m. on 5-11-1980, the Octroi Department of the Municipal Corporation, Pune, received a telephone call from one Mohan Joshi informing that Matadors Nos. MTD 7105 and MTD 7884 were carrying goods without payment of octroi charges. He further informed that the Matadors were standing at Narangi bag locality within the limits of Pune Municipal Corporation. The complainant along with other officers from the said Department immediately rushed to Narangi Bag by a jeep. The matadors, containing goods, were standing there. The Octroi Superintendent and the other officials also followed the complainant. Respondent Nos. 1 and 3 (original accused Nos. 1 and 3) were also present there. They were questioned about the receipts of the payment of octroi in respect of the said goods. They were unable to produce the receipts. On the contrary, an attempt was made by accused Nos. 1 and 3 to produce a receipt of the Octroi paid by them to Pimpri Chichwad Nagar Palika. There was a scoring of the number of the vehicle on it. The number appeared to be MTD 7884. Thereafter, the vehicles were taken to Navapul Naka No. 24. The statement of accused No. 1 was recorded. The necessary papers in respect of the goods in the matadors were seized. On 3-12-1980, in pursuance of the order of the learned Magistrate, the goods were inspected, valued and assessed. The goods were valued at Rs. 13,750/-. The octroi leviable on these goods was Rs. 412/50 p.

(3.) Accused Nos. 1 to 5 are the partners of the firm named as M/s. Nitin Roadways, doing its business of transport agency. Accused No. 6 to 9 are the traders. On 2-5-1981, a complaint was filed under sections 398, 149, 457, 466(1) and (2) of the Bombay Provincial Municipal Corporation Act, 1949. Process was issued by the learned Magistrate and the matter was adjourned to July 24, 1981 for the appearance of the accused.