SHAH VAJANJI KASTURCHAND Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner in this criminal revision was convicted under Section 7 (1), Madras Essential Supplies (Temporary Powers) Act, XXIV [24] of 1946 for having been in possession of mill cloth in excess of normal requirements, in violation of the provisions of Section 18 (2), Cotton Cloth and Yarn (Control) Order, 1943 and sentenced to pay a fine of Rs. 200, and the cloth seized was also directed to be confiscated to the Government.

(2.) The Inspecting Assistant Textile Commissioner, Nellore, charge-sheeted the petitioner before the Additional First Class Magistrate, Cuddappah for having been in possession of 24 pieces of new cloth measuring over 250 yards very much in excess of his normal requirements. The family of the petitioner consisted of 5 members. According to the Inspecting Commissioner, this quantity was exclusive of an appreciable quantity of cloth released by the Joint Provincial Textile Commissioner in petitioner's favour.

(3.) The explanation of the petitioner was that this cloth was required for a marriage in his house which was coming off a few months later. The trial Magistrate convicted the petitioner for an offence under Section 7 (1) Madras Essential Supplies (Temporary Powers) Act read with Section 18 (2), Cotton Cloth and Yarn (Control) Order and sentenced him to pay a fine of Rs. 200, which was confirmed in appeal by the Sessions Judge of Cuddappah in Criminal Appeal No. 8 of 1948. This criminal revision is preferred against that judgment confirming the conviction and sentence of the petitioner.