Abbashbhai Gulamhusein and others v. R., Crim. Rev. 9-A-70, 15/1/70. Platt J.

Abbashbhai Gulamhusein and others v. R., Crim. Rev. 9-A-70, 15/1/70. Platt J.

The accused, four partners, were jointly convicted of failing to comply with r. 6 of G. N. 582/1965, C/S 38 (1) (f), National Provident Fund Act. They were given an omnibus fine of Shs. 80/- or distress in default.

            Held: “As the partners were each charged and convicted on their separate pleas of guilty, it followed the each accused had to be fined separately. The charge concerned the failure of the accused to complete a certain form concerning a register able employee. I imagine that the learned Magistrate in fining the “partnership” had in mind a fine of Shs. 20/-. To be paid by each of the partners. Therefore by virtue of my revisional powers I set aside the sentence imposed and substitute a fine of Shs. 20/- or distress in default, to be paid by each accused partner.”