R R CHARI Vs. STATE

JUDGEMENT

(1.) This is an appeal by Raghava Rajagopala Chad and Debi Chand Vaish, referred to hereinafter as Chad and Vaish, against the judgment and order of Sri Shah Gyas Alam, Additional Sessions Judge of Kanpur, dated 20-11-1953. The appellants have been convicted for offences punishable under Sections 120B, 161 and 467 of the Indian Penal Code and Rule 81(4) of the Defence of India Rules framed under Section 2 of the Defence of India Act, 1939. For offences under the last three counts they were tried by jury and for that under the first with the aid of assessors.

(2.) The appellants have been sentenced to 3 years' R. I. each under Section 120B, I. P. C. They have also been sentenced to 2 years' R. I. each under Section 161, I. P. C., plus a fine of Rs. 25,000/- in the case of Chari and of Rs. 5,000/- in the case of Vaish. In default of payment of fine, the defaulter is to suffer, further rigorous imprisonment for 6 months. Vaish has been further sentenced to 2 years' R. I, for the offence under Section 161, read with Section 109, I. P. C. Under Section 467, I. P. C., Chari has been sentenced to 4 years' R.I. Vaish to 3 years' R. I. Each of the two appellants has been convicted further under Rule 81(4), read with Rule 121, D. I. R., for contravention of Clauses 4, 5, 11B(3) and 12 of the Iron and Steel (Control of Production and Distribution) Order, 1941, and sentenced to 2 years' R. I. All the sentences have been directed to run concurrently.

(3.) One of the special measures passed under the Defence of India Act, 1939, and Rule 81(2) of the Rules framed thereunder, for the efficient prosecution of the Second World War and for maintaining supplies and services essential to the life of, the community was the Iron and Steel (Control of Production and Distribution) Order, 1949, made and enforced by the Central Government from and on 1-8-1941. Among other measures, it prohibited, under Clauses 4 and 5, acquisition and disposal of iron or steel from or by a stock-holder, registered as such by the Iron and Steel Controller of India at Calcutta, except under the authority of a written order of the Controller, and it empowered the Controller to fix the maximum prices of sale. There was a like measure passed relating to scrap iron, called the Iron and Steel (Scrap Control) Order, 1943.