Sheik Ibrahim Saheb vs The Special Officer for Wakfs

Somasundaram, J.—Sheik Ibrahim Saheb, the petitioner herein, stands convicted and sentenced top pay a fine of Rs. 25/- for an offence u/s 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 in this behalf, The complaint which purports to be by him, there is also no evidence to show that he had authorised P. W. 1 has not stated that he has any such authorisation from the Special Officer. What all he has deposed to is that he has been authorised 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.