Panna Lal Vs. Emperor

Panna Lal vs Emperor

Type Court Judgment Court Allahabad Decided Feb 05, 1908

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Citation: sooperkanoon.com/464813
Court: Allahabad
Judge: Griffin, J.
Decided On: Feb 05, 1908
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Excise Act (XII of 1896), Section 21 - Sale without license--Sale not for profits. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Panna Lal

Respondent

Emperor

Legal References

Reported In: 2Ind.Cas.192

Excerpt

excise act (xii of 1896), section 21 - sale without license--sale not for profits. - 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.

Full 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.

Same Parties Panna Lal vs Emperor Same Subject Criminal Same Judge Griffin, J.

Criminal