MUNICIPAL COMMISSIONER OF BOMBAY Vs. GIPRAILWAY COMPANY

JUDGEMENT

(1.) The Agent of the G.I.P. Railway Co. was charged in the Presidency Magistrate's Court under Section 394(i)(d), of the City of Bombay Municipal Act, with, having used certain premises for the purpose of storing timber without a license granted by, the Municipal Commissioner.

(2.) The Chief Presidency Magistrate haying taken evidence has referred for the opinion of this Court certain questions specified at the end of the case slated by him.

(3.) The first question is, in our opinion, One of fact and not of law, and, therefore, cannot be stated under Section 432 of the Criminal Procedure Code, under which this reference is made.