Research › Browse › Judgment

Madhya Pradesh High Court · body

1978 DIGILAW 307 (MP)

State of M. P. v. Rameshchand

1978-04-06

S.J.SURANA

body1978
Short Note : 1. The non-petitioner Rameshchand was convicted and sentenced to pay a fine of Rs 50 and in default, to undergo four days' S.I. under clause 3 of section 34 of Police Act. 2. The non-petitioner Rameshchand bad a shop situated on a public road in Gun. It was alleged that on 13-5-1972, he was engaged in weighing something in a weighing machine which was placed on the public Road, thereby causing obstruction to the users of the road and as such was liable to be punished for the offence under clause (3) of section 34 of the Police Act. 3. Held : A weighing machine is neither a cattle nor a conveyance. This by itself was sufficient to throw the case as beyond the purview of the aforesaid provisions if not for want of evidence to show that section 34 of the Police Act was specially extended by the State Government to Guna town. Conviction set aside.