LAWS(APH)-1965-7-21

JAGADESH Vs. STATE

Decided On July 20, 1965
H.V.JAGADESH. Appellant
V/S
SATE Respondents

JUDGEMENT

(1.) These petitions raise an important point of law, viz., how the word trade used in section 21, clause (12) of the Indian Penal Code should be interpreted In a narrow sense or in .the wider sense as the Bombay High Court has done in Mulshankar v.Government of Bombay. I think it proper that it should be decided by a Bench.. Therefore, this case may be posted before a Bench.

(2.) In view of the great importance of the question raised in these cues, actin under rule 2 of the Appellate Side Rules, we refer the following questions of law for determination by a Full Bench: Crl. R. C. Nos. 326 to 329 of 1964. (Crl. R. P. Nos. 303 to 306 of 1964). D/ 20-7-1965 1. A. I. R. 1951 Bom. 233

(3.) The question that falls for determination by the Full Bench is: whether an employee of the Indian Airlines Corporation, which is a corporation established under the Air Corporations Act, 1953, is a 'public servant' within the meaning of the Twelfth clause of section 21 of the Indian Penal Code. That clause and