- (1.) This is an appeal by certificate against the Judgment of the High Court of Gujarat setting aside an order of a Magistrate by which the respondent was convicted of an offence under sec. 67 read with sec. 37 of the Bombay Public Trusts Act 1950 (as adapted and applied to the State of Gujarat), hereinafter referred to as the Act, and sentenced to pay a fine of Rs. 300/-, in default of payment of which he was to suffer rigorous imprisonment for two months.
(2.) The respondent is one of the trustees of a trust known as "Shri Swami Narayan Mandir" at Ahmedabad which is registered as a public trust in the office of the Charity Commissioner. The trust is managed under a scheme prepared by the High Court of Bombay. It appears that the Chariy Commissioner learnt about certain constructions having been made by the respondent trustee without permission from him. On March 22, 1962 a letter (Exh. 3) was addressed from his office to the respondent the material part of which may be repoduced: "An information is received of the Charity Commissioner that opposite the temple near the New Narayan building the blocks are being constructed in which shops are constructed on the ground floor of that building 1. For what purpose it is constructed 2. From when its construction work is started 3. What amount is spent Hit today in construction of the same 4. What amount is to be spent still 5. How much income will accrue from it 6. By which No. and on what date the permission of the Charity Commissioner is taken for constructing the same. 7. To which contractors are given the contracts for constructing the same His name address, amount of the contract and other details and a copy of the contract. 8. If the committee has passed a resolution for constructing the same, its true copy. 9. If a contract is given to any contractor, then whether that contractor is related or acquainted to any member of the committee. All these necessary information may please be sent before 15-4-1962." Queries on similar lines were made regarding the constructions near the respondent's bungalow in Girdharnagar.
(3.) As no reply was received from the respondent reminders were sent to him on April 20, 1962 and May 10, 1962 followed by a telegram despatched on May 23, 1962. A reply was sent by the respondent giving the particulars of the buildings which had, been constructed. Reference was made to the resolutions of the Committee relating to these construction together with the amount spent on them.;