ABDULAHUSEN M RANGWALA Vs. A R SURVE

JUDGEMENT

(1.) By this revision application the petitioners challenge the order of the learned Additional Chief Metropolitan Magistrate, 2nd Court, Mazgaon, Bombay dated 24th February, 1976 convicting them for an offence under section 394(1)(e) read with section 471 of the Bombay Municipal Corporation Act and sentencing each of them to pay a fine of Rs. 200/-.

(2.) The facts giving rise to this revision application are not in dispute. The accused are partners of a firm doing business at Shop No. 1, 2nd Koliwada, Nawab Tank Road, Mazgaon, Bombay. On 4th October, 1973 at about 10 a.m. Mr. Kolambkar, Beat Inspector, Licence Department Bombay Municipal Corporation, visited the shop of the accused known as Emson Colour Industries. Accused No. 2 was present. The Beat Inspector noticed that 3 workers were busy working. One worker was found mixing water with colour dyes and stirring with a rod. The second worker was found spreading the said mixture for drying purpose and the third worker was found packing the dried mixture in the containers. There were, it is alleged, 17 tins of 50 Kgs. of colour dyes with different colour. The Inspector prepared the inspection report and gave the original to accused No. 2 and obtained his signature for the same. As the accused had no licence for carrying on trade, they were prosecuted.

(3.) The defence of the accused was that they were carrying on the work of mixing the colours with water and thereafter drying them and packing them in the containers and as the dyes are not chemicals no licence is required under the Bombay Municipal Corporation Act.