NELSON LOO Vs. M L GUPTA

JUDGEMENT

(1.) The appellant Nelson Loo has been convicted by a Presidency Magistrate on three counts of charge under Section 409 of the Indian Penal Code and sentenced to varying terms of imprisonment and fines on the three counts.

(2.) The appellant was at the material time carrying on the business of a travel agent. Overseas Air Travels was a Travel Agency concern of which he was the proprietor. He had been in the trade ever since 1949. Overseas Air Travel was an approved Sales Agent for all international Airlines operating through India and it came to be appointed as the travel agent on behalf of Indian Airlines Corporation under an agreement dated the 1st of December, 1954. The agency office was located at P. 29 Mission Row Extension, Calcutta. The appellant himself lived with his wife and children in a suite of rooms at 21, Mission Bow Extension.

(3.) The Air Corporations Act was passed by Parliament in 1953. It was an Act to provide for establishment of Air Corporations, for acquisition by them of all undertakings belonging to existing Air Companies and for operation of air transport services. Under the Act two Corporations were established; they were the Indian Airlines Corporation and the Air India International. The Indian Airlines Corporation has its head office at New Delhi and the Calcutta branch is located at P. 17, Mission Row Extension.