JANKIBALLABH Vs. STATE

JUDGEMENT

(1.) This is a reference by the learned Sessions Judge, Jaipur City recommending that the conviction and sentence of Jankivallabh applicant under Section 203(4) of Jaipur City Municipalities Act by the First Assistant City Magistrate, Jaipur be set aside and he be acquitted.

(2.) The applicant was prosecuted on a report by the Building Inspector, Jaipur City Municipality dated 31st October 1950 that he was running a factory with an electric Motor machine of 11 1/2 H. P. in his house without a license.

(3.) It was not denied by the applicant that he was using an electric motor machine of 11 1/2 H. P. in his house without a license, but he pleaded that he had thereby committed no offence under Section 203 (4). The learned First Assistant. City Magistrate, Jaipur held that the accused was guilty of the contravention of Section 2 of the Dangerous and Offensive Trade Bye Laws and convicted him under Section 203(4) of the Jaipur City Municipalities Act 1943 (hereinafter to be referred as the Act) and sentenced him to a fine of Rs. 30/- only and in default to undergo 15 days simple imprisonment.