GIR RAJ KISHORE Vs. STATE

JUDGEMENT

(1.) THE applicant Girraj Kishore was convicted by a Magistrate of the First Class for having contravened the provisions of the High Denomination Bank Notes (Demonitisation) Ordinance, 1946, Ordinance No. III of 1946, and has been sentenced to undergo two years' rigorous imprisonment and to pay a fine of Rs. 2,000/- in default of payment of the fine to a further term of rigoroua imprisonment for six months. The learned Magistrate's order is in these terms:

(2.) GIRRAJ Kishore was Treasurer's agent at the Azamgarh Government Treasury and the charge against him was that on the 14th of January, 1946, he had exchanged 20 notes of Rs. 1,000/-each for notes of lower denomination without making a declaration as provided in Section 6 of the ordinance. The relevant portion of Section 6 is as follows:

(3.) A prosecution under this Ordinance can only be instituted under the previous sanction of the central Government (vide Section 7 (3) ). On 8th February, 1947, the sanction to institute the proceedings was given by the Government of India under Sub-section (3) of Section 7 of the ordinance, in these terms: