LAWS(ALL)-1948-12-3

RAM CHARAN Vs. REX

Decided On December 07, 1948
RAM CHARAN Appellant
V/S
REX. Respondents

JUDGEMENT

(1.) Nathu Ham and Bam Charan were convicted under Section 7, U. P. Control of Supplies (Temporary Powers) Act (Act 11 [2] of 1947), read with U. P. Notification No. 65/c. s.534- 1942, dated 11th February 1943 and sentenced to different amounts of fine. Their appeal was dismissed by the Sessions Judge. They have come up in revision.

(2.) The facts leading to their conviotion are, that Ram Charan sold a quantity of match be xes at Chirgaon, District Jhansi, on 3rd June 1947, to Nathu Ram, who has a shop at Bhander in Gwalior State. After these match-boxes had been loaded in a motor'lorry the police arrested Nathu Ram and lodged a report about the incident.

(3.) The notification above referred to is: In exercise of the powers conferred by Clause (b) of Sub-rule (2) of Rule 81, Defence of India-Rules, the Governor is pleased to order that no person shall export, carry or cause to be carried by rail, road or river any matches from any place within the limits of the United Provinces to any place outside such limits, except with the permission of the Provinoial Government. It made an exception for exports made by certain companies and to persons carrying be xes not exceeding one dozen at a time for bona fide use.