STATE Vs. SAGAR MAL

JUDGEMENT

(1.) This is an appeal by the State Government against an order of acquittal by a Magistrate of the first class of Azamgarh in a case under Section 7, Essential Supplies (Temporary Powers) Act XXIV [24] of 1946 for breach of Clause 3, Government of India, Cotton Textiles (Control of Movement) Order, 1946. Originally six persons in all were prosecuted. The present appeal is only against the acquittal of three of them, namely, Sagar Mal, Mul Chand and Girdhar Gopal, opposite parties. It may be mentioned that Mul Chand is the brother and Girdhar Gopal the son of Sagar Mal.

(2.) The prosecution story was briefly this. There is a firm 'Jiwan Ram Sagar Mal' at Mau in the district of Azamgarh. The opposite parties are the proprietors of that firm. The firm deals in cotton cloth on commission agency basis. It obtained a permit from the Provincial Textile Controller, United Provinces on 1-5-1947 for exporting two bales of handloom cloth, each bale containing 1500 yards from Mau to Delhi. The prosecution case is that one Madan Mohan of Amritsar wanted to send cloth to Delhi from Mau. He, therefore, came to Mau and got into touch with Dwarika Das who has also a firm of commission agency there. Madan Mohan wanted handloom cloth worth about Rs. 15,000 to be sent to Delhi. Dwarika Das told him that he had no permit for sending cloth outside the United Provinces, but added that he would try and find out if anybody else had got such a permit and would be able to send cloth to Delhi. Dwarika Das then went to the shop of Jiwan Earn Sagar Mal and met Sagar Mal and Mul Chand, opposite parties. He told them that he had heard that they had got a permit for Delhi and suggested that if they had nothing of their own to send, he i. e., Dwarika Das might put them in touch with a customer who had come to him. Sagar Mal replied that he had a permit for two bales and Dwarika Das could send cloth under it. On further enquiry, Sagar Mal said that he would charge eight annas per piece for washing and would also charge 1 per cent. as commission leaving the remaining 1 per cent. commission for Dwarika Das. Sagar Mal also told Dwarika Das that 550 Thans could be sent in one bale and that the consignee should be Jiwan Ram Sagar Mal, Delhi. Dwarika Das was directed to prepare bijak in that name and put that name also on the two bales. Thereafter Dwarika Das purchased cloth in the market at Mau. He actually purchased 1052 Thans of Malmal each of ten yards. Thereafter two bales were made out of this cloth, one containing 530 Thans and the other 522 Thans. This was done on 9-5-1947 and Dwarika Das informed Sagar Mal about midday that the bales were ready. Sagar Mal told him that he would send a man and that, in the meantime Dwarika Das should arrange to send the bales to the railway station. At about 2.30 P. M. the same day, Girdhar Gopal opposite party came to Dwarika Das and asked him whether everything was ready. Dwarika Das then replied that the cloth was ready and gave the bijak to Girdhar Gopal. Thereafter Dwarika Das arranged to send the bales to the railway station where it was arranged that a servant of Sagar Mal would take charge of them. On 10-5-1947, Dwarika Das was informed that the bales had been booked.

(3.) In the meantime, Sub-Inspector, J. A. Lari of the Anti-Corruption Department came to know that two bales were being sent on a permit, but that they contained more cloth than the quantity allowed under the permit. He, therefore, came to Mau on 11-5-1947 in the morning and waited till the bales were actually loaded in the wagon. Thereafter, when the goods train was taken to the platform, he took steps to get these two bales detained. The two bales were, therefore, detained and kept at the booking-office at Mau. On 13th of May, these bales were opened and the cloth was measured. It was found to be 10520 yards in length.