LAWS(PVC)-1912-8-141

GANPAT RAI Vs. EMPEROR

Decided On August 16, 1912
GANPAT RAI Appellant
V/S
EMPEROR Respondents

JUDGEMENT

(1.) We are of opinion that this Rule must be made absolute upon the grounds on which it was issued.

(2.) The law (Act VIII of 1899) lays down in Section 11: "No quantity of petroleum exceeding 500 gallons shall be kept by any one person, or on the same premises, or shall be transported, except under, and in accordance with, the conditions of a license granted under this Act." 2. Now, it is found that a person named Sheo Bhagwan, who was an agent of the petitioner and also apparently agent of several other persons in the sale of petroleum, imported or rather transported (for we do not know how this petroleum was imported into this country) more than 150 tins at a time, and we are told that 150 tins is equal to the maximum allowed, viz., 500 gallons. If, therefore, Sheo Bhagwan transported more than 150 tins, he is guilty of transporting petroleum in contravention of the Act. But we are unable to see that the principal, Ganpat Rai, is responsible for this, unless there is a finding that he knew that more than 150 tins were being transported at one time on his license, and allowed this to take place with such knowledge. Now, there is no finding to that effect.

(3.) The agent, Sheo Bhagwan, seems to have been allowed to give evidence, and, of course, being himself the guilty person, he would naturally try to shift the blame on to his principal. He says that he did transport more than 150 tins for his principal at one time and despatched them in parcels of 150 gallons to the dealers. Still we are unable to say, there being no finding to that effect, that the petitioner was in any way responsible for this illegal proceeding.