THE PUBLIC PROSECUTOR Vs. BADULLA SAHIB AND ORS.

JUDGEMENT

(1.) THE Public Prosecutor, Madras, appeals against the acquittal of the respondent (accused) by the learned Sessions Judge of Chittoor of an offence under Clause 3 -A of the Madras Silk Control Order (1943) read with Rule 81(4) of the Defence of India Rules.

(2.) THE facts are not in dispute. On 20th April, 1945, between 3 -30 a.m. and 4 -30 a.m., at Kothakotta, when the house of the respondent was searched by the Inspector of Police, Madanapalle, he was found in possession of raw silk in bags weighing 734 lbs. and two palams without a licence for such possession as required by the Madras Silk Control Order, 1943. He was prosecuted before the Additional First Class Magistrate of Madanapalle and was convicted for contravening the provisions of Clause 3 -A of the Madras Silk Control Order, 1943, and sentenced to imprisonment till the rising of the Court and to pay a fine of Rs. 1,000 and in default to rigorous imprisonment for 9 months. The quantity of silk was ordered to be confiscated to the Government.

(3.) THE sole question for consideration is whether the provisions of Rule 219 of the Defence of India Rules have been properly complied with. The Madras Silk Control Order, 1943, was published in a Gazette Extraordinary on the 3rd October, 1943, and the preamble to the publication reads as follows: