RAM SUNDER Vs. REX

JUDGEMENT

(1.) Applicant Ram Sunder is a licensee for selling kerosene oil at Machhlishahr in the District of Jaunpur. He has been convicted of an offence under Section 6, U. P. Control of Supplies (Temporary Powers) Act, n [2] of 1947.

(2.) In short, the case against him is that he sold kerosene oil on 17th February 1947 for prices in excess of the controlled price and thereby con-trayened the provisions of the Kerosene Oil Control Order of 1942.

(3.) The grounds taken in the Memorandum of Revision resolve themselves into two points, one of them being that the applicant could not have been convicted of an offence under Section 6 of Act II [2] of 1947 for an offence committed on 17th February 1947, and the other being that a summary trial was illegal in the circumstances of this case. The learned Counsel appearing for the applicant saw the force of the reasoning of the learned Sessions Judge, to whom he had gone in revision before coming to this Court, with regard to the second point and therefore this application was pressed before me on the first point alone.