BASDEO Vs. STATE

JUDGEMENT

(1.) This revision is directed against an order of the learned Sessions Judge of Allahabad, upholding on appeal the applicant's conviction under clause (s) read with clause (9) of the U. P. Cement Control Order, 1955, and sentencing him to pay a fine of Rs. 2000.00.

(2.) The applicant was tried before a Magistrate, First Class for having sold one bag of cement at a price higher than the controlled price to one Ram Naresh and for having been found in possession of 160 bags of cement which he was alleged to have imported in the district of Allahabad from outside in contravention of clause (3) of the Uttar Pradesh Cement Control Order, 1955.

(3.) On an assessment of the evidence the learned Magistrate held both these allegations established against the applicant and convicted him "under Sec. 7 of the Essential Commodities Act, 1955, read with clauses (3) and (9) of the U. P. Cement Control Order, 1955" and sentenced him to undergo six months' rigorous imprisonment. On appeal, the learned Sessions Judge held that Essential Commodities Act did not come into play, but affirmed the conviction of the applicant as indicated earlier under clause (3) read with clause (9) of the U. P. Cement Control Order, 1955 and substituted his sentence of imprisonment to a fine of Rs. 2000.00.