STATE GOVERNMENT OF MADHYA PRADESH Vs. HIRALAL TEJULAL

JUDGEMENT

(1.) RESPONDENT Hiralal was tried on two charges, viz. , (i) for selling cement at a price higher than the price fixed by the Deputy Commissioner, Akola, and (ii) for selling 4 bags of cement without the authority of the Deputy Commissioner, Akola. on the 4th June 1949, at Balapur, punishable respectively under Clauses 2 and 2 (b) of the Central Provinces and Berar Cement (Control) Order, 1947, hereafter called the Order, read with Section 12 of the Central Provinces and Berar Specified Commodities (Control), Act, 1946. Clause 2 of the Order is as follows: No person shall sell or offer to sell cement at a price higher than that fixed by the Provincial Government. Clause 2 (b) of the Order says that no person shall Sell cement when the quantity to be sold is less than 100 bags unless authorised In writing by the Deputy Commissioner of the district in which he resides or carries on business or by the person appointed by the Deputy Commissioner in writing in that behalf. The power of the Provincial Government under Clause 2 of the said Order so far as It relates to the fixation of retail prices was to be exercised by the Deputy Commissioner of the district by virtue of Notification No. 7672-11060vii-P. C. , dated the 19th/22nd November 1947.

(2.) THE respondent was acquitted and his acquittal is challenged in this appeal by the State Government, Madhya Pradesh.

(3.) THE respondent is a merchant in Balapur and deals in stationery and articles of cutlery. He is not a dealer in cement. He is also not authorized by the Deputy Commissioner to sell cement. The case of the prosecution was that he sold bags of cement on the 4th June 1949 to Purnaji (P. W. 3) at the rate of Rs. 16/- per bag. The price fixed by the Deputy Commissioner for the Akola Centre at the material time was Rs. 4/7/-by his order, dated the 13th September 1948 (Exhibit P12.) To prove the sale, the prosecution examined Purnaji (P. W. 3) and Motiram (P. W. 5.)