Judgment

SINHA, C.J.I. : (On behalf of himself, Jafer Imam and Shah JJ.) This appeal by special leave is directed against the judgment and order of the High Court at Calcutta dated February 9, 1955, whereby that Court, in its revisional jurisdiction, set aside an order of acquittal dated December 15, 1953, passed by the Municipal Magistrate, Calcutta, in respect of the prosecution launched by the Corporation of Calcutta, respondent in this Court against the appellant.

2. The relevant facts are these On July 1, 1952, the Corporation of Calcutta made an application for summons under S. 488 of Bengal Act III of 1923, which was substituted by West Bengal Act XXXIII of 1951, against "the Director of Rationing and Distribution representing and Food Department of the Government of West Bengal". The offence complained of was "for using or permitting to be used premises No. 259, Chitpur Road, Upper, for the purpose of storing rice etc., under the provisions of the Bengal Rationing Order, 1943, without a licence under S. 386 for the year, 1951-52, corresponding S. 437 of the C. M. C. Act, 1951". Section 386(1)(a) of the Calcutta Municipal Act is in these terms :

"No person shall use or permit t