MANU IYER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is a criminal revision case filed against the conviction and sentence of the learned Sub Divisional Magistrate of Koilpatti in C. C. No. 50 of 1952.

(2.) The facts are: There is no dispute that a valid licence had been issued under the Madras Cloth Dealers Control Order in the name of Ramaswami Aiyar, the undivided father of the petitioner herein. It is also clear that the father and son were carrying on business as a joint family concern. This licence was renewed upto 1951. Ramaswami Iyer died in April 1950. In these circumstances the petitioner herein, the son of Ramaswami Aiyar had been prosecuted for selling M. Os. 1 to 5 to a hawker P. W. 1, viz, under Section 7 of the Essential Supplies (Temporary Powers) Act, 1946, for contravening clause 4(1) of the Madras Cloth Dealers Control Order, 1948.

(3.) The case for the accused was set out in his written statement as follows: