NATHILAL Vs. MUNICIPAL BOARD DHOLPUR

JUDGEMENT

(1.) THIS is a revision by Nathilal and Shri Bhagwan. who are carrying on business at Dholpur. under the name and style of Nathilal Shri Bhagwan. They were convicted by the learned Magistrate, First Class, Dholpur on 14. 6. 58 on a charge under sec. 84 of the Rajasthan Town Municipalities Act, 1951, and sentenced to a fine of Rs. 50/- each. The revision filed by the accused was dismissed by the Additional Sessions Judge of Dholpur on 26. 7. 58.

(2.) THE case for the prosecution, as set out in the complaint was that the accused brought into the limits of the Municipality a truck containing 180 bags of sugar, weighing 495 mds. . but did not pay the octroi duty chargeable thereon. It was alleged that a third accused, Munshi, who was driver of the truck, was accosted at the Octroi Outpost, and the accused were asked to pay the octroi duty before proceeding further in the town, but the driver did not stop the truck, and the two accused carried the truck-load of sugar bags in the town. It was then alleged that the two accused were selling at their shop sugar out of the said lot, some of which was still in their possession, and they should be punished under sec. 84 of the Town Municipalities Act.