V M RATHNAVELU MUDALIAR Vs. EMPEROR

JUDGEMENT

(1.) The petitioner was tried under Section 15, Act 8 of 1899. It is a summons case but a charge was framed that petitioner had either sold 31 cans of dangerous petroleum to an unlicensed person, or had transported the same cans through that person without a pass, and therefore, he had committed an offence under Section 15(c) of the Act.

(2.) The offence under Section 15(c) is breaking any condition contained in a license under the Act. The lower Court found the accused guilty under Section 15(c) of having sold 31 cans to an unlicensed person, which must mean that selling to an unlicensed person contravenes some condition of his license. The license was never proved, and, assuming that could be a remediable omission, this Court has been unable to discover from the rules what condition in what license would have been contravened.

(3.) The prosecution, therefore, entirely failed to make out its case in the Court of trial.