STATE OF GUJARAT Vs. NEW SWADESHI MILLS

JUDGEMENT

(1.) These two appeals arise out of the judgment and order dated 15-1-1980 passed by the learned Metropolitan Magistrate Court No. 3 Ahmedabad. Both these appeals are filed by the State. Appeal No. 380 of 1980 is directed against the order of the learned Metropo- litan Magistrate acquitting the accused Nos. 1 & 2 of the offence for which they were charged. Appeal No. 378/80 is directed against the same judgment and order whereby the learned Magistrate has imposed a fine of Rs. 3 0 on the accused No. 3.

(2.) . All the three accused were charged for an offence of contrave- ning the order of the Textile Commissioner bearing No. cc Tech/Ahd/ 41 dated 11-1-77 whereby the accused were alleged to have failed to produce the quantity of controlled cloth which they were directed to produce during the quarter 1-1-77 to 31-3-77 and thus contravened the provisions of Rule 21- of the Cotton order 1948 and under the provisions of Essential Commodities Act 1955.

(3.) . The prosecution case was that at the relevant time the accused No. 1 was the Managing Director and accused No. 2 was the President of the Mill-company which was accused No. 3. The prosecution examined one Prabha Ranjan Rameshchandra Sarkar who was Assistant Enforce- ment officer in the Regional office of the Textile Commissioner of the Government of India at Ahmedabad. Witness has stated that the accused were required to produce 12 85 792 sq. Mtrs. of controlled cloth in the relevant quarter but they produced only 3 15 403 sq. mtrs of the said cloth and the balance was not produced either during the said quarter or any time subsequent to.