BACHUBHAI BABABHAI Vs. RATILAL N SHAH
LAWS(GJH)-1970-3-19
HIGH COURT OF GUJARAT
Decided on March 11,1970

BACHUBHAI BABABHAI Appellant
VERSUS
RATILAL N.SHAH Respondents

JUDGEMENT

N.G.SHELAT - (1.)The applicant-accused owns a house S. No. 2123 situated in Astodia Rangati Bazar within the limits of the Municipal Corporation of Ahmedabad. Since there was no water closet attached to that house a notice dated 20-8-66 was issued by the Municipal Corporation requiring him to put up a water closet in his house under Schedule Chapter 9 Rule 11(1) of the Bombay Provincial Municipal Corporations Act 1949 (hereinafter to be referred to as the Act) He failed to carry out the directions given in that notice with the result that he came to be prosecuted for the offence punishable under Schedule Chapter 19 rule 2(b) read with Schedule Chapter 9 rule 11(2) of the Act. He was convicted of the said offence by the Court of the City Magistrate Ahmedabad on 10-8-67 and was sentenced to pay a fine of Rs. 15/for the same. On 15-2-68 the Sanitary Inspector Shri Shah Ex. 3 visited the place and found that the accused had not yet put up any water closet as required. Since he failed to comply with the said requirement inspite of his being convicted for the offence a complaint was filed against him after obtaining the necessary sanction from the Deputy Health Officer. He was sought to be punished for having continued to commit an offence under Chapter 19 rule 2(b) read with Chapter 9 rule 11 of the Act for a period from 10-1-67 till the date of the complaint. This complaint was filed on 11-3-68.
(2.)The applicant-accused pleaded not guilty to the accusation against him and in his examination under sec 342 of the Criminal Procedure Code he however admitted having not constructed any such water closet as per the notice received by him inspite of his being convicted once for breach thereof.
(3.)The learned Magistrate after considering the effect of the evidence found the accused guilty and convicted him for the said offence and sentenced him to pay a fine Rs. 0-50 Paise per day for a period of 189 days. In all he was directed to pay Rs. 94-20 P.. or in default to suffer rigorous imprisonment for fifteen days Feeling dissatisfied with that order passed on 7-5-68 by Mr. K.H.Damani City Magistrate Ahmedabad the applicant-accused has come in revision before this Court.


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