MIR ALI NEWAJ Vs. STATE

JUDGEMENT

(1.) These are two petitions for revision of two orders made by a Magistrate, Erst class, Kandi, whereby ho made absolute under Section 139 Criminal P.G. two conditional orders requiring the petitioners, Mir Ali Newaj and Choudhury Golam Martuza, in Cri. Rev. Cases Nos. 260 of 1955 and 342 of 1955, respectively, to desist from carrying ort the trade in hide and to remove their godowns at Salar, on the ground that the continuance of the business was injurious to public health and physical comfort of the community.

(2.) The petitioners then applied to the Sessions Judge of Murshidabad for a reference to this Court under Section 438, Cr. P. C., but the learned Judge by an order dated 17-1-1955 disposed of the two applications in the two cases by one order. In the result the learned Judge declined to interfere, whereafter the petitioners applied to this Court and obtained these two Rules which have been heard together and are disposed of by one order.

(3.) The facts alleged in the two cases are practically the same. On receipt of a complaint from some of the villagers of Salar the learned Sub-divisional Magistrate of Kandi took action under Section 133, Criminal P. C. against the two petitioners, The allegations were that the petitioners had their hide godowns at Salar which were close to human habitation where they stored raw hides etc. in huge quantities which produced noxious smell affecting the health of the neighbouring people and the passers by. The allegation further was that the petitioners had been granted licences to carry on the business in hides beyond human habitation, but in infringement of the licences they carried on the business and stored hide in the godowns, which they were required to remove.