Judgment - Chainani, J.

1. This is an appeal by the State of Bombay. The opponent owns a grocery shop within Thana municipal limits. In this shop he used to store and keep for sale ghee made from milk. Clause (f) of Sub-section (1) of Section 61, Bombay Municipal Boroughs Act, which applies to the Thana Municipality, empowers the Municipality to make bye-laws prescribing "the conditions on which sweetmeats, milk, butter or other milk products may be sold and on which licences may be granted, refused, suspended, or withdrawn for carrying on the trade or business of a dealer in sweet-meats, milk, butter or other milk products, or for the use, for purposes of trade, of any place for stabling milch cattle, for storing or selling milk, or for making, storing or selling butter or other milk products.

The marginal note to Clause (f) is "milk shops". Under this clause of Section 61, the Thana Municipality has made by-laws, the heading of which is "Licensing of Milk Shops and Milk Products Shops". The first by-law is as follows :

"Unlicensed places for storing or selling milk and milk products prohibited. -- Every person who uses any place for storing or selling milk or for making, or storing

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