EMPEROR Vs. NANUBHAI HAJI AHMED

JUDGEMENT

(1.) This is an appeal, by the Government of Bombay, against an order of acquittal by the Second Glass Magistrate of Ahmedabad. The accused was charged under Section 151, Sub- section (4), of the Bombay District Municipal Act (Bom. Act III of 1901). The charge in substance against him was that he conducted his timber shop without a license. The accused was asked his explanation about this charge, and his explanation was that the license had not been received even though moneys had been paid, that he had a license during the previous year and that no reply was given to his application.

(2.) The complainant was examined, and he stated as to how the license, which the accused had for the previous year had terminated on April 1, 1925, and how his application for a license, dated July 14, 1925, was rejected on July 25. It is not necessary to examine further the effort of the accused to get a license for the purposes of this case. The fact remains that on the date of the complaint he had no license, and he did not deny that he was conducting a timber shop at the time as alleged, but he explained how it was that he had remained without a license. It is true that there is no direct evidence in the case to show that the place was used for storing wood. The learned Magistrate came to the conclusion that there was no evidence of storing wood. Though he was satisfied that wood was kept for sale, he held that the conditions of Clause (n) of Sub-section (1.) of Section 151 were not satisfied and, accordingly, he held that the act of the accused was not punishable under Sub-section (4).

(3.) In taking this view, it seems to me that the learned Magistrate has taken much too narrow a view of the meaning of the words used in Clause (n). It does not seem to have been questioned at all that the accused did conduct his shop without license, and apparently the learned Magistrate also says at one place in his judgment that the accused in this case kept wood for sale. Such storing would be within the meaning of Clause (n). Even if the wood vas brought for the purposes of the day's business and disposed of on that very day, still, if the wood was kept there for business purposes, it would be storing wood within She meaning of Clause (n) of Sub-section (1) of Section 151.