Sheik Ibrahim Saheb, Accused v. Special Officer for Wakfs, Complainant
1971-07-29
SOMASUNDARAM
body1971
DigiLaw.ai
Judgement ORDER:- Sheik Ibrahim Saheb, the petitioner herein, stands convicted and sentenced to pay a fine of Rs.25/- for an offence under Section 41, clauses (a) and (b), of the Wakf Act, 1954, viz the failure to furnish statements of particulars, accounts or returns, as required by the said Act and failure to supply information or particulars as required by the Board. Clause (2) of Section 40 of this Act states that no court shall take cognizance of an offence punishable under the Act, save upon complaint made by the Board or any officer duly authorized by the Board in this behalf. The complaint which purports to be by the Special Officer is not signed by him. There is also no evidence to show that he had authorized P.W.1 to file the complaint against the petitioner in Court. Even P.W.1 has not stated that he has any such authorization from the Special Officer. What all he has deposed to is that he has been authorized to conduct cases in Court by the Special Officer. This is not sufficient. On this ground alone, the conviction has to be set aside. The same is set aside. The petitioner is acquitted. Fine, if collected, shall be refunded to him. The revision is allowed. Revision allowed.