Judgment

KAPUR, J. : This is an appeal against the judgment and order of the High Court of Calcutta passed in revision against the order of the Additional Sessions Judge, Howrah, who had modified the order of conviction of the respondents under S. 488 read with S. 386 (1)(b) of the Calcutta Municipal Act (Act III of 1923) as extended to the Municipality of Howrah, hereinafter called the Act . The appellant before us is the Chairman of the Municipal Committee of Howrah who is the complainant and the respondent is a company with its premises at No. 1 Swarnamoyee Road, where it was carrying on the manufacture of bobbins, card pins, shuttles etc. They were also storing their wood and timber in those Premises.

2. The charge against the respondent was that it was using the premises within the municipality of Howrah without a license as required under S. 386 of the Act and was therefore guilty under S. 488 of the Act. The defence of the respondent was that the premises had been licensed as a warehouse under the West Bengal Fire Services Act, 1950 (Act 18 of 1950) and consequently because of S. 38 of that Act S, 386 of the Act stood repealed and the respondent was not required to take out a