259, Chitpur Road, Upper, for the purpose of storing rice etc.,
10, p. 354.
After hearing arguments for the parties the learned trial Magistrate passed an order acquitting the accused relying upon a decision of the Calcutta High Court in the case of The Corporation of Calcutta v. Sub Postmaster, Dharamtala Post Office 1 , holding that the provisions of s. 386 of the Act, neither in terms number by necessary implication, bound the Government.
Appeal by special leave from the judgment and order dated February 9, 1955, of the Calcutta High Court in Criminal Revision No.
282 of 1954, arising out of the judgment and order dated December 15, 1953, of the Second Municipal Magistrate, Calcutta, in Case No.
The facts alleged by the prosecution were number denied in behalf of the Department, which was in the position of the accused, but it was companytended by way of a preliminary objection that the prosecution was number maintainable in law.
delivered separate judgments.
282 of 1954, which was heard by a Division Bench companysisting of J. P. Mitter and S. N. Guha Ray, JJ.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
was delivered by Sinha, C. J Sarkar and Wanchoo, JJ.,
158 of 1956.
The Judgment of Sinha, C.J., Imam and Shah, JJ.,
SINHA C. J. This appeal by special leave is directed against the judgment and order of the High Court at Calcutta dated February 9, 1955, whereby that Court, in its revisional jurisdiction, set aside an order of acquittal dated December 15, 1953, passed by the Municipal Magistrate, Calcutta, in respect of the prosecution launched by the Corporation of Calcutta, respondent in this Court, against the appellant.
2629C of 1952.
The relevant facts are these.
August 16.
Section 386 1 a of the Calcutta Municipal Act is in these terms ,, No person shall use or permit to be used any premises for any of the following purposes without or otherwise than in companyformity with the terms of a licence granted by the Corporation in this behalf, namely, any of the purposes specified in Schedule XIX Item 8 of the said Schedule is storing, packing, pressing, cleansing, preparing or manufacturing, by any process whatever, any of the following articles and the articles mentioned include rice, flour, etc.
On July 1, 1952, the Corporation of Calcutta made an application for summons under s. 488 of Bengal Act III of 1923, which was substituted by West Bengal Act XXXIII of 1951, against the Director of Rationing and Distribution representing the Food Department of the Government of West Bengal .
The offence companyplained of was for using or permitting to be used premises No.
