RAM KISHAN Vs. STATE

JUDGEMENT

(1.) The appct., Ram Kishan, has come up in revision to this Ct. against the order of the learned Ses. J. by which his conviction under Section 6, U. P. Control of Supplies (Temporary Powers) Act, Act II [2] of 1947, hereinafter called the Supplies Act, has been affirmed. He has been sentenced to a fine of Rs. 200/- or, in default, to undergo R. I. for two months.

(2.) It appears that on 17-6-1947, the Dist. Mag. of Bijnor, under the delegated authority of the Provincial Govt., passed an Order (Ex. P. 7) under Section 3 (e) of the Supplies Act controlling the rate for hiring out Kolhus. It provided that a Kolhu 8" x 11" might be hired out for Rs. 86/only for the whole sugarcane crushing season. Para. 3 of the Order provided that it would have retrospective effect from 2-12-1946. Lastly, it provided for punishment for a contravention of its provisions & added that the Ct. trying any offence against that Order might also direct that any stock in respect of which the Order had been contravened be forfeited to Govt. On 3-12-1947, the appct. who is the Munib of a firm known as Bhannamal Gulzari Lal hired out a kolhu 8" x 11" to one Natthu Singh for RS. 145/- when the control rate as fixed by the Dist. Mag's, order was Rs. 86/- only. He was accordingly prosecuted under Section 6 of the Act for contravening the order of the Dist. Mag. In the course of the trial, he admitted that he had hired out the kolhu in question to Natthu Singh for BS. 145. He, however, pleaded that the order of the Dist. Mag. was not in force on the date of the transaction, i.e., 3-12-1947.

(3.) The learned Mag., however, held that the order of the Dist. Mag. dated 17-6-1947, fixing Rs. 86/- only as the rate for hiring out Kolhus was in force on the date of the transaction, i.e., on 3-12-1947. The appct. was, therefore, convicted & sentenced to undergo R. I. for six months & also to pay a fine of one thousand rupees & the stock, in respect of which the order had been contravened, was also declared to be forfeited to Govt.