MUNICIPAL COMMITTEE Vs. MOHAN LAL

JUDGEMENT

(1.) THIS is an appeal against the order dated May 30, 1968, passed by the learned Judicial Magistrate 1st Class, Ambala, acquitting Mohan Lal Respondent of an offence under Section 121 of the Punjab Municipal Act, 1911 (hereinafter called the Act).

(2.) THE Respondent is said to be a dealer in bamboos having his shop in Bazar Nohrian, Ambala City. Shri Joginder Singh and Shri Kundan Lal, Pairokars of the Municipal Committee, Ambala City, filed the following complaint before the learned Judicial Magistrate:

(3.) THE word "wood" used in item No. 5 precedes the word "charcoal" and has been used in the sense to denote rough logs etc., which are normally used as fuel wood. The finished bamboo sticks certainly cannot be described as wood. The test to be applied in such cases is whether a layman would describe bamboos as wood or not. The words used in a penal statue are to be read in the setting in which they occur and cannot be given a wider meaning so as to enlarge the scope of the offence. We are of the considered opinion that the bamboos and bamboo sticks kept in a shop of retail seller do not fall within the description of the word "wood" as used in Section 121 of the Act.