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Emperor Vs. Panna Lal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1909)ILR31All293
AppellantEmperor
RespondentPanna Lal
Excerpt:
act no. xii of 1896 (excise act), section 21 - sale--not for profit. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools which are established and administered by the cantonment board...........the excise act, had received an order from the secretary of the jhansi club, for some methylated spirits. panna lal obtained the methylated spirits from another shop and sent it from there on to the club, without making any profit in the transaction. under the particular circumstances of the case it is difficult to call this transaction a sale. i therefore set aside the conviction and sentence under the first charge.3. the second charge against the applicant, which was amply proved, was that he had purchased at a court sale a quantity of wines and spirits knowing that he had no license for possession or sale of such liquor. i am unable to interfere with the order on the second charge.4. i allow the application to the extent above indicated and set aside the conviction and sentence.....
Judgment:

Griffin, J.

1. This is an application for revision of an order of the Cantonment Magistrate of Jhansi convicting the applicant Panna Lal on two charges under the Excise Act, one under Section 21 and the other under Section 51.

2. The facts which form the basis of the first charge are that Panna Lal who holds no license under the Excise Act, had received an order from the secretary of the Jhansi Club, for some methylated spirits. Panna Lal obtained the methylated spirits from another shop and sent it from there on to the club, without making any profit in the transaction. Under the particular circumstances of the case it is difficult to call this transaction a sale. I therefore set aside the conviction and sentence under the first charge.

3. The second charge against the applicant, which was amply proved, was that he had purchased at a court sale a quantity of wines and spirits knowing that he had no license for possession or sale of such liquor. I am unable to interfere with the order on the second charge.

4. I allow the application to the extent above indicated and set aside the conviction and sentence under Section 21 of the Excise Act. The fine of Rs. 30, if realized, will be refunded. The application is otherwise dismissed.


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