GARINE SATYANARAYANA Vs. EMPEROR

JUDGEMENT

(1.) The accused is the proprietor of a rice-mill in Bezwada. He was convicted under the Municipal Act, Madras Act V of 1920, under Secs.199, 216 and 250 read with Section 317 and sentenced to fines of various amounts for the offences.

(2.) On appeal, the Appellate Magistrate, holding that it was unnecessary to punish him for an offence under Section 199 of the Act, he being liable to be punished under Section 250 of the Act, as the two offences really overlapped, acquitted him, of the offence under Section 199 and remitted him the fine on that charge, but confirmed his conviction under the other two Sections, 216 and 250. It is argued in revision that no offence under Section 250 has been made out and that he ought to be acquitted under that section.

(3.) As I understand the finding of the lower Court, part of the accused's rice-mill where the Sheller Machinery was installed was burnt down some time ago and what he did was to put up a brick building to install the old Sheller Machinery in it and he did so without obtaining the permission of the Municipal Chairman under Section 199, and, further, in spite of a notice sent to him by the Chairman he carried on his work and completed it. The Machinery that was installed in the new room was, as I understand, the old Sheller Machinery that was in the Factory itself.