Debabrata Mookerjee, J. - (1.) This appeal by special leave is brought by the Corporation of Calcutta from an order of acquittal made by a Municipal Magistrate on the 4th June, 1956 under Section 537/271 of the Calcutta Municipal Act. The respondent was alleged to have been the owner of a private market at 70, Benlapukur Road where he used or allowed to be used unfiltered water without the written permission of the Commissioner of the Corporation of Calcutta. The case was that the owners of the stalls in the market used the unfiltered water for washing the articles to be sold in the market, and for cleansing the alleys and passages of the market.
(2.) The defence was that the notice that had been served upon the owner under Section 560 was not a good and proper notice and that being so, the respondent could not be convicted of the charge brought against him. The learned Magistrate found substance in this contention put forward on the respondent's behalf.
(3.) Section 271 provides that unfiltered water may be used free of charge for flushing privies and urinals on private premises connected with sewers, for flushing drains on private premises, for cleansing garages, stables, cattle-sheds and sheds occupied by animals which are not kept for profit or hire and for washing vehicles or animals kept therein which are not kept for profit or hire. Sub-section (3) of the section forbids the use of unfiltered water for other purposes without the written permission from the Commissioner in that behalf. The Corporation's case was that there was no written permission in this case. No permission was applied for and none was given.;