EMPEROR Vs. NARANDAS KARSANDAS

JUDGEMENT

(1.) Two points have been argued in support of this application. The first is that sweet and cocoanut oil is not oil within the meaning of the expression "oil (other sorts)" used in Schedule M, Part II, of the City of Bombay Municipal Act as now amended. Secondly, it is urged that the storing of the oil in question without a license cannot be said to be contrary to the provision of the Act, as the license was wrongly refused by the Commissioner.

(2.) As regards the first point it may be mentioned that the oils Stored in this case are vegetable oils: and it may be assumed that the flashing point of these oils is much higher than that mentioned in the definition of petroleum in the Indian Petroleum Act. The argument is that the expression oil (other sorts) " means only those oils which are not less dangerous than dangerous petroleum as defined in the Indian Petroleum Act. The argument is based upon the fact that the expression is used after petroleum and dangerous petroleum and that the quantity allowed to be kept without a license is less than the quantity of dangerous petroleum. I do not think that the argument is supported either by the words used or by the scheme of the Schedule as indicated by the various Articles mentioned in Part II. We must take the words " oil (other sorts)" to mean oils other than petroleum as defined in the Indian Petroleum Act and dangerous petroleum as defined in the same Act, Without reading words of limitation, which are not there, it would not be possible to exclude sweet and vegetable oils from the scope of the expression oil (other sorts).

(3.) Neither the relative position of the expression in the schedule nor the lower limit of the quantity allowed to be kept would be a sufficient ground for importing such a limitation as is suggested on behalf of the applicant, viz., that the expression must mean only those oils whose flashing point is not higher than the flashing point of dangerous petroleum as defined in the Indian Petroleum Act. It seems to me that the learned Magistrate is right in his view that the expression " oil (other sorts" would include sweet oil, which was stored in this particular case.