Cur. adv. vult.
( 47 )
to make this discretion an instrument of extortion. If they makethe granting of a permit depend on payment to them of a fee,gratuity, or reward, they shall be punished.
It seems to me impossible to read the 33rd and 36th clauses asmeaning that men can demand permits of removal, and that theman refusing is guilty of an offence merely if he refuses orneglects or delays to grant one. A Government Agent (and thesame may be said of the other persons) may very reasonably say :“ I know nothing about the applicant,” or “ I know him to be of“ doubtful character, let him go to some one who knows him better,“ or who is willing to take a responsibility which I am unwilling to“ take.” Of course the position of the Government Agent wouldbe very different if he were to say to the applicant, “ My fee for“granting a permit is Rs. 2‘)0. You cannot get one from me“ until that is paid."
For these reasons, the conviction is set aside and the accused isacquitted, there being no evidence that he demanded or suggestedthe payment to him of a fee, gratuity, or reward.