Judgement

GROVER, J.: This is an appeal by certificate against the Judgment of the High Court of Gujarat setting aside an order of a Magistrate by which the respondent was convicted of an offence under S. 67 read with S. 37 of the Bombay Public Trusts Act 1950 (as adapted, and applied to the State of Gujarat), hereinafter referred to as the Act, and sentenced to pay fine of Rs.300/-, in default of payment of which he was to suffer rigorous imprisonment for two months.

2. The respondent is one of the trustees of a trust known as shri Swami Naravan Mandir" at Ahmedbad which is registered as s public trust in the office of the Charity Commissioner. The trust is managed under a scheme prepared by the High Court of Bombay. It appears, that the Charity Commissioner learnt about certain constructions having been made by the respondent trustee without permission from him. On March 22, 1962 a letter (Ext.3) was addressed from his office to the respondent the material part of which may be reproduced:

"An information is received of the Charity Commissioner that opposite the temple near the New Narnarayan building the blocks are being constructed in which shops are construed on the ground floor