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1962 Supreme(Ker) 154

P.GOVINDA MENON
Executive Authority, Vilakkudy Panchayat – Appellant
Versus
Janardana Rao – Respondent


Judgment :-

1. This appeal is filed by the Executive Authority of the Vilakkudy Panchayat against the order passed by the Sub-Magistrate of Punalur acquitting the accused in C.C. 445/61 who had been charged for failure to take out a licence under bye-law 20 of the Vilakkudy Panchayat for storing chemical preparations, viz., Arishtams and Asavams. The accused contended that no licence was necessary as Arishtams and Asavams cannot be said to be chemical preparations. Pw. 5 a doctor in the Government Ayurvedic dispensary was examined to prove that it is a chemical preparation and as such licence is necessary. On the side of the defence the accused examined himself as Dw.1 and reliance was placed on two judgments, one passed by the Corporation First Class Magistrate, Trivandrum and another of the Additional Sub-Magistrate, Kottarakara for the contention that Aristhams and Asavams are not chemical preparations. I am not able to understand how these judgments would be admissible. Whether Arishtams and Asavams will constitute chemical preparation would depend on the nature of the various processes involved in the preparations which question has to be decided on the evidence in the case. M






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