EMPEROR Vs. NARBADA PRASAD

JUDGEMENT

(1.) Pandit Narbada Prasad and Jagannath Prasad alias Kunnoo were charged before Mr. S.W. Bobb, First Class Magistrate of Allahabad, under Section 168, I.P.C., and Secs.168, I.P. C, and 168/109,. I.P. C, for contravention of Section 34, District Boards Act of 1922. The Magistrate acquitted both the accused.

(2.) Section 34, District Boards Act reads as follows: (1) A member of the Board who otherwise than with the permission in writing of the Commissioner, knowingly acquires or continues to have directly, or indirectly by himself or his partner, any share or interest in any contract or employment with, by or on behalf of the Board, shall be deemed to have committed an offence under Section 168, I.P.C.

(3.) An "interest in a contract" we hold to mean a financial interest with profit or hope of profit from the contract as the object of the person interested. This must be inferred from the facts in evidence in each case.