GOTAMLAL JAIN Vs. MUNICIPAL CORPORATION, INDORE

JUDGEMENT

(1.) THIS is a reference under Section 438, Code of Criminal Procedure code by the Additional Sessions Judge, Indore recommending that the conviction and sentence passed against Gotamlal Jain and one another be set aside on the ground that the prosecution and conviction of both of them is contrary to Section 53(1) of the Madhya Bharat Shops and Establishments Act, 1952.

(2.) THE accused were tried by the Municipal Magistrate, Indore, under Section 47 of the Madhya Bharat Shops and Establishments Act for contravention of Rule 18(2) of the Rules framed under the Act. Both of them were convicted and sentenced to pay a fine of Rs.25 each.

(3.) TODAY we have held in Tolaram and Anr. v. Shops Inspector, Nagar Palika, Indore Criminal Reference No. 25 of 1956, that the view taken in the case of Gordhandas 1957 MPLJ 84 is correct. The conviction and sentence of both the accused must therefore be set aside.