QUEEN-EMPRESS Vs. SOUTH
LAWS(PVC)-1900-7-15
PRIVY COUNCIL
Decided on July 25,1900

QUEEN-EMPRESS Appellant
VERSUS
SOUTH Respondents

JUDGEMENT

- (1.) The Public Prosecutor withdraws the appeal as Benson against J. South and Solomon. The other two persons Mamilla Reddi and Rajendram were acquitted by the Stationary Sub- Magistrate of the offence alleged against them, viz., that they had disobeyed an order promulgated by Government under the Epidemic Diseases Act (III of 1897), The reason given by the Sub-Magistrate was that the prosecution required the previous sanction of the public servant concerned under Section 195, Criminal Procedure Code, which public servant he held to be the public servant who promulgated the order.
(2.) The only sanction given for the prosecution was that of the Chairman of the Municipality in which the order was broken and the Sub-Magistrate held that the Chairman was not the public servant who promulgated the order and had not shown that he was specially empowered to give the sanction. The Joint Magistrate subsequently acquitted these persons on the ground that they had been already acquitted by the Sub-Magistrate.
(3.) Government appeals against these acquittals.;


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