EMPEROR Vs. ISAK SOLOMON MACMULL

JUDGEMENT

(1.) This is an appeal by accused No. 1 against an order of the Presidency Magistrate, Second Court, convicting him under Secs.7 and 8 of Act XXIV of 1946 read with Clauses 5 and 22 of the Motor Spirit Rationing Order, 1941, and sentencing him to rigorous imprisonment for six months and a fine of Rs. 50,000, in default further rigorous imprisonment for six months.

(2.) The prosecution case was that a11 the three accused on July 18, 1947, supplied four gallons of petrol for Rs. 25 to a bogus customer without coupons as required by law; that the petrol was supplied by accused No. 3; accused No. 2 was the cashier and accused No. 1 was the owner and the holder of the licence of the petrol pump from which the petrol was supplied. The learned Presidency Magistrate convicted accused No. 1 and accused No. 3 and acquitted and discharged accused No. 2. From that order of conviction and sentence only accused No. 1 has preferred this appeal.

(3.) Now, it was not the case of the prosecution that accused No. 1 was present when petrol was supplied by accused No. 3 to the bogus customer or that he had any knowledge of the supply of petrol by accused No. 3 to the bogus customer. The prosecution want to fasten a vicarious liability upon accused No. 1. Their case is that as he was the master of accused No. 3 and as he was the supplier, although he had no knowledge and although mens rea was not present, in law he was still liable and the conviction by the Presidency Magistrate is justified.