In Re: Raja Paba Khoji vs Unknown on 5 February, 1885

Bombay High Court
In Re: Raja Paba Khoji vs Unknown on 5 February, 1885
Equivalent citations: (1885) ILR 9 Bom 272
Author: N Haridas
Bench: N Haridas, W Wedderburn


Nanabhai Haridas, J.

1. The words, which appear to be very important in Section 66 of the Apt in reference to the present case, are “no place shall be used as a market”*. The word “place,” as defined in Section 3 of the Act, does not include a house or an ota. In another part of tile defining section the word “land” is used to include a building, and the word “bazar” to include a collection of shops. The word “building” as well is defined. If that word had been used in Section 66 it would have included the ota of a private house, but that word does not; appear in the section.

2. The next point for consideration is, whether the ota was used “as a market” within the meaning of Section 66, The fact found is that the petitioner sold vegetables on the old. It seems, therefore, that the old was used as a shop, and not as a market.

3. Though the Magistrate refers to other persons selling vegetables on otas near the shop of the petitioner, there is nothing to show that the petitioner had anything to do with them; he is responsible only for his own act. We fail to find that the petitioner used the ota of his house as a market for the sale of vegetables. Selling vegetables on the ota of his house, which is all the applicant seems to have done, does not appear to us to be an offence under Section 66 of the Bombay Act, VI of 1873. We, therefore, set aside the conviction and sentence. The fine levied should be refunded.

* Section 66, Clause 1.-It shall be lawful for the Municipality to direct that no place shall be used as market for the sale of animals, meat, fish and vegetables intended for human food, or as a slaughter-house excepting the public markets or slaughter-houses constructed or opened by the Municipality, or such other markets or slaughter-houses as may have been licensed in writing by the Municipality, who may at their discretion from time to time grant, withhold, or withdraw such license, either generally or in individual instances.

Clause 2.-Whoever, contrary to such direction or without such license as aforesaid, sells or exposes for sale any such animals, or commodities, or uses any place as a slaughter-house, shall be liable to the penalty hereinafter provided.

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