EMPEROR Vs. DHANRAJ JPARMAR

JUDGEMENT

(1.) The applicant in this case has a license for the possession and storage of dangerous petroleum in Form B issued in accordance with Rule 3 of Chapter IV of Part II of the rules under the Indian Petroleum Act. He has been convicted and fined Rs. 50 under Section 15 (c) of the Act which renders penal the breach of any condition contained in a license granted under the Act. The license granted to the applicant is In this form. It is headed "License to possess dangerous petroleum, otherwise than in bulk, in quantity exceeding forty gallons". It then proceeds as follows :- License is hereby granted to Mr. I). T Parmar of Surat for the storage, In the storage shed at Dohad described below, of 1000 one thousand gallons of dangerous petroleum subject to the rules for, the storage of petroleum published in Notification No. 2572 dated May 18, 1909, and to the further conditions on the back of this license up to December 31, 1928.

(2.) Then there follows a description of the storage shed. We are not concerned with the further conditions on the back of the license as it has not been suggested that there has been any breach of those.

(3.) The facts of the case are that on three occasions, viz., March 16, 1929, June 20, 1929, a August, 10, 1929, 660 cans of dangerous petroleum which had been consigned to the accused's firm were delivered to the manager of the firm at the Dohad Railway Station. 660 cans contain 1320 gallons, but the whole quantity was not on any of these three occasions stored in the shed belonging to the accused in respect of which the license has been granted to him. On the first two occasions the excess quantity was stored on the accused's behalf in a properly licensed storage shed belonging to one T. K. Singaporewala. On the third occasion the excess quantity beyond the thousand gallons which the accused was entitled to store in his shed was consigned by rail to M. C. Parikh, a partner of the firm, at Sunth Koad Station.