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Emperor Vs. Chunilal Manilal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Applications for Revision Nos. 316 and 317 of 1914
Judge
Reported in(1915)17BOMLR72
AppellantEmperor
RespondentChunilal Manilal
Excerpt:
.....area-liability of consignor for possession of the mohwra flowers.;the accused consigned certain mhowra flowers partly at the nadiad and partly at the umreth stations of a railway company for conveyance to nandod in the rajpipla state. the goods were taken possession of by the railway company and were conveyed to ankleshvar, for being transhipped into the rajpipla state railway. ankleshvar, was a place in a prescribed area within which even the possession of mhowra flowers without a permit was unlawful (section 18a of the bombay abkari act). the mhowra flowers were attached at the ankleshvar railway station and the accused was convicted and sentenced under section 43(2) of the act. the accused having applied to the high court :;that the accused had not committed any offence, for he..........this transport. but ankleshvar is a place in a prescribed area within which even the possession of mhowra flowers without a permit is unlawful. assuming, which we do not for a moment admit, that the conveyance by railway from nadiad and umreth through ankleshvar to nandod did amount to a transport within or an import into or a possession of these mhowra flowers within a prescribed area, yet the offence, if any, was committed, to put it compendiously, by the railway company. the accused personally did not possess the mhowra flowers within the prescribed area or transport them within or import them into or export them from that area. therefore quite plainly to our minds he is not guilty of the offence of which he was accused and of which he was convicted. but it is said that even if not.....
Judgment:

Heaton, J.

1. After hearing what has been said in this case on both sides, we think that there is no ground whatever for prosecuting the present applicant. He consigned certain Mhowra flowers partly at the Nadiad and partly at the Umreth stations of the Railway Company for conveyance to Nandod. The Railway Company took possession of these goods and in the course of the conveyance to Nandod they were found at Ankleshvar, a place where they naturally would be in the course of this transport. But Ankleshvar is a place in a prescribed area within which even the possession of Mhowra flowers without a permit is unlawful. Assuming, which we do not for a moment admit, that the conveyance by railway from Nadiad and Umreth through Ankleshvar to Nandod did amount to a transport within or an import into or a possession of these Mhowra flowers within a prescribed area, yet the offence, if any, was committed, to put it compendiously, by the Railway Company. The accused personally did not possess the Mhowra flowers within the prescribed area or transport them within or import them into or export them from that area. Therefore quite plainly to our minds he is not guilty of the offence of which he was accused and of which he was convicted. But it is said that even if not guilty of that offence, he is guilty of abetting it. Why we do not know. There is not a particle of evidence, not even a suggestion, that he conspired with the Railway Company that these goods should be conveyed without a permit. So far as the evidence shows, it was no business of his to inquire or to trouble himself whether the Railway Company did or did not obtain a permit. It was sufficient for him to do his business which was to consign the goods and possibly to pay for their conveyance and it was very natural and very proper that he should leave the Railway Company to do their business which would include, if it is necessary, the obtaining of a permit for the purpose of this transport.

2. We, therefore, set aside the convictions and direct that the fines and sums of money paid in respect of the confiscated goods be, in each of these two cases, returned to the applicant.


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