BHAGWATI SARAN Vs. STATE OF U P

JUDGEMENT

(1.) This is a reference made by the learned Sessions Judge of Sultanpur.

(2.) On a report dated the 20th August, 1955, submitted by the Station Officer, Kotwali, Sultanpur, a charge has been framed against Bhagwat Saran and Srimati Sushila Devi under Section 7 of the Essential Supplies (Temporary Powers) Act, 1946 read with Section 11 B (3) of the Iron and Steel (Control of Production and Distribution) Order, 1941. The allegation is that they sold iron and steel goods at a price higher than the controlled price.

(3.) The accused went up in revision against the order framing the charge to the Sessions Judge and raised two points. The first point was that the learned Magistrate could not have taken cognizance of the offence alleged as the report on the basis of which cognizance was taken did not contain sufficient materials as required by Section 11 of the Essential Supplies Act. The second point was that no maximum price having been fixed, there was no question of the accused having sold iron and steel at a price higher than the controlled price.