EMPEROR Vs. EBRAHIMJI MULLA JEEVANJI

JUDGEMENT

(1.) The appellants before us have been convicted by the learned Third Presidency Magistrate of the offence of cheating and have been sentenced to one day s simple imprisonment and a fine of Rs. 750. The appellants are the agents and directors of a Steamship Company called the Bombay Hajaz Steam Navigation Company which is occupied in the conveyance of pilgrims between Bombay and Jeddah. Another Company which engages in similar business is known as the Persian Steam Navigation Company and is the trade rival of the appellants Company. The appellants have a steamer named the " Shah Jahan," which on the 24th of August 1911 left Bombay for the outward voyage to Jeddah. On the 5th of September it appears that she arrived at Aden and was there boarded by the witness Green, the Master of a steamship belonging to the Persian Company. Green inspected the " Shah Jahan " and saw that she had suffered some damage owing to high seas on her voyage from Bombay. The repairs, however, which in his opinion would be required were repairs capable of being executed within a period of about five days. ,.

(2.) It seems that on the 15th September Green arrived in Bombay and communicated his knowledge of the disrepair of the "Shah Jahan " to various interested persons. It is the case for the prosecution that some knowledge of such communications must have filtered through to the present appellants.

(3.) On the 21st September, by Ex. D., the appellants gave notice to the Commissioner of Police under Section 11 of the Pilgrims Protection Act II of 1887 that the latest date of sailing of the " Shah Jahan" would be the 20th of October, " or about" that date. It is material to observe that no objection was taken by the Commissioner to the insertion of the words " or about" in this letter, and the same words, we notice, occur in the printed portion of the tickets ued by the Company to their customers. It is a fair inference, therefore, that an approximate date for the sailing of these vessels had hitherto been accepted by the authorities concerned as sufficient; and such inference would be in accordance with the practice of similar steamers sailing out of this Port.