THE PUBLIC PROSECUTOR Vs. S. JOSEPH

JUDGEMENT

(1.) THE accused S. Joseph was convicted under Section 471 read with Section 466, Indian Penal Code, by the learned Assistant Sessions Judge of Tiruchirapalli Division in Sessions Case Nos. 80 and 81 of 1957, and sentenced to R.I. for two years. On appeal the learned Sessions Judge of Tiruchirapalli in C.A. No. 177 of 1957 has acquitted the accused. Hence this appeal by the State.

(2.) THE facts are : Sometime in June, 1956, the Government imposed control over the distribution of cement, obviously, as the production was insufficient to cope with the demand. The Cement Stockists could supply and sell without permit only 15 per cent, of the stock supplied to them by the manufacturers. They should supply or sell the remaining 85 per cent, of the stock only as against permits issued by the competent authority. The Government authorised the District Collector, and, or the Personal Assistant to issue permits for sale of cement between r to 5 tons and the Tahsildar of the Taluk concerned to issue permits for sale up to one ton.

(3.) ACCUSED is the proprietor of Fathima Electrical Company, Palakarai. He also carried on business as electrical contractor under Central Public Works Department in Tiruchirapalli Aerodrome and carried out some electrical works in the said Aerodrome : vide the evidence of P.W. 7, the Section Officer of Central P.W.D.