STATE Vs. KRISHNA MURARI

JUDGEMENT

(1.) KRISHNA Murari Lal was suspected in black-marketting in cement. Accordingly on 17/9/1952, sub-Inspector Masoom Hussain of the enforcement squad, sent one Mohmmad Hanif with two notes signed by Circle Inspector Mehtab Singh, one for five rupees and one for two rupees to purchase a bag of cement. Mohammad Hanif accordingly purchased one bag of cement for Rs. 6/8/-, paid with the signed notes and received eight annas back. When the bag was being loaded on to a riscksha, the Sub-Inspector along with the Circle Inspector who had followed came out of concealment. They took over the cement and the eight anna bit from Mohammad Hanif and questioned the accused. The accused admitted having made the sale and produced the two notes signed by the Circle Inspector. He was released on bail and a complaint was filed against him on the same day under paras. 4 and 6 of U. P. Cement Control Order read with Section 6, U. P. Control of Supplies (Temporary Powers) Act of 1947.

(2.) THE case proceeded immediately. After the sub-Inspector had been examined (he was not cross-examined) the accused pleaded guilty and was convicted by the learned Magistrate who sentenced him to undergo simple imprisonment for one month and to pay a fine of Rs. 200/ -.

(3.) THE accused appealed and the learned Sessions Judge of Lucknow allowed his appeal holding on the authority of a decision of a Full Bench reported in - 'ram Kishan v. The State', AIR 1951 all 181 (A), that the U. P. Cement Control Order had no legal sanction behind it and was a nullity.