JAGANNATH Vs. STATE

JUDGEMENT

(1.) This is a Government Appeal against the appellate order of acquittal of the respondent Jagannath of an offence punishable under Section 7, Essential Supplies (Temporary Powers) Act, 1946, for contravention of Clause 24 (1), Cotton Textiles (Control) Order, 1948 passed by the learned Sessions Judge of Moradabad.

(2.) The facts, which are no longer in dispute, were these : Moti Ram was the proprietor of a firm carrying on, under the name and style of Moti Ram and Sons, the business of selling cloth as a licensed dealer in the town of Amroha, and his brother, the present appellant Jagannath was his agent or salesman. In a test purchase organised by Sri D. K. Bhattacharya, Sub-Divisional Magistrate of Amroha, Jagannath sold a pair of dhotis to constable Roop Singh in the view of Sri Ram Ratan Naib Tahsildar of Amroha on 15-2-1951 for a price higher than the controlled price. This amounted to a contravention of Clause 24 (1) of the said Order. There was also contravention of Clause 25 (2) of the Order in that time tarred cloth, or cloth found after the expiration of the prescribed period marked on the cloth was discovered in the shop.

(3.) The trying Magistrate convicted and sentenced Moti Ram, the proprietor of the firm, for contravention of both the provisions. He convicted Jagannath, the salesman or agent, for contravention of the provisions of Clause 24 (1) but acquitted him of the other offence. Both of them appealed. The learned Sessions Judge dismissed Moti Ram's appeal but allowed that of Jagannath and acquitted him. The present Government appeal is directed against that acquittal. The question therefore that arises for determination is that of the culpability of a salesman, agent or servant under the provisions of Clause 24(1) of the Order for a sale made by him.