RAMESHWAR PRASAD Vs. STATE

JUDGEMENT

(1.) This revision application arises out of a prosecution under the Essential Supplies Act and U.P. Salt Control Order. According to the prosecution. Remeshwar Prasad applicant brought 60 bags of salt from district Jaunpur to district Ballia in August 1953, without any permission from the District Magistrate of Ballia. Further, Remeshwar Prasad sold eight out of the 60 bags of salt in district Ballia without any licence or permission for the purpose from the District Magistrate of Ballia. Rameshwar Prasad was, therefore, prosecuted for unlawful import and sale of salt. The accused admitted the facts as alleged by the prosecution. He pleaded that he was not aware that he was contravening any provision of law in importing or selling the salt. The explanation offered by the accused was not accepted by the learned Magistrate. He convicted the accused Under Section 7 of the Essential Supplies Act for contravention of Clauses 4(a) and 4(b) of the U.P. Salt Control order, 1947. The accused was sentenced to a fine of Rs. 300 or rigorous imprisonment for six months in default of fine. The 52 bags of salt recovered from the accused were confiscated to the State. An appeal filed by Rameshwar Prasad was dismissed by the learned Sessions Judge of Ballia. Rameshwar Prasad has come to this Court in revision.

(2.) The accused conceded that he imported salt into district Ballia, and sold a few bags of salt in the district without any permission from the District Magistrate. The question is whether the accused is liable to be punished for these acts of import and sale of salt.

(3.) The State Government issued U.P. Salt Control Order, 1947 under powers conferred by Section 3 of the Essential Supplies (Temporary Powers) Act, 1946. Clause 4 of the Salt Control Order places restriction on import and sale without, a licence. Sub-clause (a) deals with sale of salt, while Sub-clause (b) deals with import of salt. Under both these Sub-clauses (a) and (b), licences are necessary for the sale and import of salt. Admittedly, the accused did not possess licences as contemplated by Sub-clauses (a) and(b) of Clause 4 of the U.P. Salt Control Order.