N. G. SHELAT, J. ( 1 ) [after stating the facts His Lordship further stated:-]the material point however to be considered is as to whether the carrying of any such lighted torches would come within the meaning and ambit of the words corrosive substance or of explosives used in sec. 37 (1) (b) of the Act. Be it said here that this Act is in English. The notification produced at Ex 4 was undisputedly issued in Gujarat it being the local language of the State Clause (b) of sub-sec. (1) of sec. 37 of the Act referred to in the Gujarati notification as already set out here above viz. can well be normally understood in English as meaning carrying inflammatory or combustible substance. The notification has been issued in exercise of the power under sec. 37 (1) (b) of the Act by the District Magistrate of Bhavnagar and the question then is as to whether his power or authority to prohibit carrying of inflammable or combustible substances would be within the manning of corrosive substance or of explosive used in clause (b) of sec. 37 (1) of the Act. If it does there would not arise any difficulty in the sense that carrying of lighted torches would be covered inasmuch as carrying any such burning substance in the form of even a torch already described here above for the reason that it can set fire if applied to any other thing capable of catching fire. The notification would therefore be valid If it meant and could be understood by the public as meaning the same thing as per the words used in clause (b) of sec. 37 (1) of the Act. If in issuing the notification therefore he has acted in excess of his authority or power given to him under sec 37 (1) (b) of the Act that clause (2) in the Gujarati notification would be bad in law with the consequence that for any breach thereof no penal liability of persons carrying such torches that night would arise under sec. 135 of the Act. ( 2 ) NOW it is clear and over which there is no dispute that the lighted torches such as found from the hands of 3accused Nos. 1 to 4 cannot come within the term explosive. The only point made out by Mr. Nanavati the learned Assistant Govt. 135 of the Act. ( 2 ) NOW it is clear and over which there is no dispute that the lighted torches such as found from the hands of 3accused Nos. 1 to 4 cannot come within the term explosive. The only point made out by Mr. Nanavati the learned Assistant Govt. Pleader for the State was that the carrying of burning torches would be covered by the words carrying of any corrosive substance used in sec. 37 of the Act as the meaning thereof would be as good asused in clause (2) of the Gujarati notification Ex. 4 in the case. The accused Nos. 1 to 4 could therefore be said to be the persons having committed a breach of notification inasmuch as they were found carrying burning torches on the night of 5-8-64 and they are therefore liable for the offence punishable under sec. 135 of the Act. He referred to the Shorter Oxford English Dictionary where according to him corrosive is said to mean consuming or destroying and even refers to `fires. On the other hand it was said to mean `gnawing eating away or destroying gradually and in no case as meaning in ordinary parlance as carrying `fire substance. If any such meaning was intended the use of words such as inflammable or combustible substance would have been in sec. 37 of the Act. ( 3 ) NOW the term corrosive substance is not defined either in the Bombay Police Act or even in the Indian Penal Code where we find such a term used in certain sections such as secs. 324 and 326 of the Indian Penal Code. We would therefore turn for its meaning to some standard English Dictionaries. In Shorter Oxford English Dictionary the term corrosive is shown to arise out Or the word corrode and the meaning thereof is given as (1) to eat into; to eat or gnaw away; (2) To wear away or destroy gradually as if by eating or gnawing away the texture. Then the meaning of the term corrosive is given as under:-A adj. I. Having the quality of eating away. consuming or destroying. 2. fig. a Destructive. b. Fretting wearing. 1 The corrosive aire of London Evelyn. C. fires. 2 b. A pensive and c. desire that we had done otherwise Hooker. 3 sb. A substance that corrodes an acid drung remedy etc. fig. I. Having the quality of eating away. consuming or destroying. 2. fig. a Destructive. b. Fretting wearing. 1 The corrosive aire of London Evelyn. C. fires. 2 b. A pensive and c. desire that we had done otherwise Hooker. 3 sb. A substance that corrodes an acid drung remedy etc. fig. In things past cure care is a corasiue Greene. C. sublimate:- mercuric chlrodie or bichloride of murcury (Hgc12) a white crystaline substance which acts as an acrid poison. From this Mr. Nanavati laid stress on its meaning as consuming or destroying and further he referred to C. fires and thereby contended that the substance that they carried with them on that night was such which was capable of setting fire to or destroy or consume some such thing. It is from that point of view that he said that the words * ** used in the Gujarati notification in clause (2) should be under stood and given effect to. ( 4 ) TURNING next to Websters New Twentieth Century Dictionary Second Edition the term corrode from which corrosive arises has been given its meaning as to gnaw to pieces; to eat away by degrees; to wear away or diminish gradually as if by gnawing; rust consume; destroy; said of the action of chemicals and often used figuratively; as nitric acid corrodes copper. Then corrosive has been given its meaning as according or causing corrosion; often used figuratively; as corrosive care a corrosive ulcer. n. something causing corrosion. While it does not refer to fires as we find in the Shorter Oxford English Dictionary. It is not possible to appreciate in what sense fires is used therein. The common and normal understandable meaning from the two English Dictionaries can be taken as meaning a substance which would eat away by degrees or wear away or diminish gradually as if by gnawing; rust; consume; destroy; said of the action of chemicals. Even the meaning consume or destroy can hardly be taken to be in relation to any substance which can set fire to as in our view if that was intended simple understandable words for the same would be inflammable or combustible or by means of fire and surely not corrosive substance for the same. Even the meaning consume or destroy can hardly be taken to be in relation to any substance which can set fire to as in our view if that was intended simple understandable words for the same would be inflammable or combustible or by means of fire and surely not corrosive substance for the same. More usefully we can turn to the Universal Modern Dictionary into English and Gujarati where the term corrosive has been given its meaning both in English and Gujarati as adj. eating away; having the power of consuming or impairing;n. That which has the property of eating or wearing away gradually;the term corrode has been given its meaning in Gujarati asfrom this it was urged that the rendering of the words corrosive substance in Gujarati would not by any stretch of imagination be taken as meaningand all that it means is to eat away by degrees etc. meaning in Gujarati . I am not shown any other dictionary giving a Gujarati meaning to the English word such as corrosive used in sec. 37 (1) (b) of the Act which tends to suggest giving a meaning asmade out by Mr. Nanavati justifying the Gujarati notification issued by the District Magistrate. ( 5 ) WE can as well turn to the commentaries of well known authors of the Law of Crimes as to how the term corrosive substance is understood as it has been so used in secs. 324 and 326 of the Indian Penal Code. At page 485 below sec. 324 of the Indian Penal Code Dr. Hari Singh Gour has explained the term a corrosive substance used in sec. 324 thus:-A corrosive substance is a substance which irritates the system such as corrosive sublimate which is a compound of chlorine and mercury forming a white crystaline solid an acrid poison of great virulence. Such are the acids which corrode the system if taken Internally and in an undiluted state. Another standard treatise on Law of Crimes we can usefully refer to is one by Ratanlal and Dhirajlal twenty-first edition. At page 874 the term corrosive substance has been explained as meaning any substance which irritates the system e. g. sulphuric acid corrosive sublimate etc. Another standard treatise on Law of Crimes we can usefully refer to is one by Ratanlal and Dhirajlal twenty-first edition. At page 874 the term corrosive substance has been explained as meaning any substance which irritates the system e. g. sulphuric acid corrosive sublimate etc. In the circumstances the explanation or meaning attributed to the term corrosive substance by these authors do show the same meaning as stated above to be the normal meaning of such term ordinarily understood by the general public. ( 6 ) MR. Mehta invited a reference to certain observations in the Book The Interpretation of Statutes and General Clauses Acts by S. N. Bindra 3 Edition 1961 at page 60 and urged that when any meaning has to be given to any term used in any enactment it has to be taken as of common understanding of men for that would give the main clue to the meaning given to it by the Legislature. The observations then relied upon by Mr. Mehta run thus :-LORD Wensleydales Golden Rule according to Banerjee in his Interpretation of Deeds Wills and Statutes in British India has been universally accepted as a correct enunciation of the law. He proceeds to say:- in laying down that the ordinary and grammatical sense of the words must be adhered to in the first instance what is meant J this:- Most words have a primary meaning that is a meaning in which they are generally used and a secondary meaning that is a particular meaning in which they are used in a particular context. I shall also refer to Craies on Statute Law sixth Edition where at page 162 it has been observed as under :-THERE are two rules as to the way in which terms and expressions are to be construed when used in an Act of Parliament. The first rule is that general statutes will prima facie be presumed to use words in their popular sense. This rule was stated by Lord Tenterdon in Att. Gen. v. Winstanley (1831) 2 D. and Cl. 302 310 the words of an Act of Parliament which are not applied to any particular science or art are to be construed as they are understood in common language. Critical refinements and subtle distinctions are to be avoided and the obvious and popular meaning of the language should as a general rule be followed. 302 310 the words of an Act of Parliament which are not applied to any particular science or art are to be construed as they are understood in common language. Critical refinements and subtle distinctions are to be avoided and the obvious and popular meaning of the language should as a general rule be followed. From this it was said that the normal and popular meaning which can be easily understood in respect of the words used in sec. 37 (1) (b) of the Act could be taken to have been understood by the Legislature and at any rate that could not have been what the Gujarati notification Indicates in clause (2) thereof. The mere fact that carrying of any lighted torches such as those found with some of the accused were capable of setting fire or destroying something would not come within the ordinary meaning as understood of the words any corrosive substance used in sec. 37 (1) (b) of Act. Mr. Mehta in this connection also invited a reference to the ease of Tolaram Renumal and another v. The State of Bombay A. I. R. 1954 S. C. 496 where it has been observed that it is a well settled rule of construction of penal statutes that if two possible and reasonable constructions can be put upon a penal provision. the Court must lean towards that construction which exempts the subject from penalty rather than the one which imposes penalty. It is not competent to the Court to stretch the meaning of an expression used by the Legislature In order to carry out the intention of the Legislature. On that basis It was said that even if for a moment the word corrosive as explained In Shorter Oxford Dictionary has any such meaning as to set on fire It cannot be said that that was the only meaning that could be given to it and that the Legislature had intended only that meaning to be given to those words used in sec. 37 (1) (b) of the Act. Those words obviously have at any rate two different meanings if one were to go by the Oxford Dictionary. But we do not have to go so far. 37 (1) (b) of the Act. Those words obviously have at any rate two different meanings if one were to go by the Oxford Dictionary. But we do not have to go so far. In my opinion considering the meaning of the term corrosive given in the dictionaries as also the same term having been explained by the eminent authors on Law of Crimes referred to above the meaning of the words used in the Gujarati notification issued by the District Magistrate cannot be taken as the correct or the primary or normal meaning that would be given to the words corrosive substance used in sec. 37 (1) (b) of the Act. It is difficult to comprehend as to how the District Magistrate happened to derive and use the words he has chosen to in the Gujarati notification-and. at any rate we are unable to get any clue as to from what dictionary he gave such a meaning to the words any corrosive substance used in sec. 37 (1) (b) of the Act. In my opinion. the wordsused in the Gujarati notification are not equivalent to the words or the expression giving correct or primary or normal meaning of the words corrosive substance used in sec. 37 (1) (b) of the Act. The use of the wordsused in the Gujarati notification can therefore be said to have been used in excess of his powers and authority conferred on the District Magistrate under sec. 37 of the Act and that way that part of the Notification was bad in law. Any breach of that clause in the notification. therefore cannot make the accused liable under sec. 135 of the Act. The learned Magistrate was therefore right in acquitting the accused in respect of the offence with which they had come to be charged. ( 7 ) IN the result the ap0peal fails and it is dismissed. Appeal dismissed. .