STATE GOVERNMENT Vs. AMRITLAL AMANLAL

JUDGEMENT

(1.) THIS is an appeal tiled by me State Government of Madhya Pradesh against the judgment of the Sessions Judge, Jabalpur, in Criminal Appeal No. 262 of 1951, acquitting the respondent Amritlal who was prosecuted and convicted under Section 7 of the Essential Supplies (Temporary Powers) Act for contravening Clause 27 of the Central Provinces and Berar Cotton Cloth Trade Regulation Order, 1948 (hereinafter referred to as the Order ).

(2.) THE respondent Amritlal is a dealer in cloth. He has been given a B class licence for doing the cloth business. On 17. 2. 1951, Phoolsingh (P. W. 1) was sent as a test purchaser with a marked ten rupee note to purchase a 'dhoti' from the shop of the respondent. The control price of a 'dhoti' was Rs. 6-3-0.

(3.) THE prosecution case was that when Phoolsingh (P. W. 1) purchased the 'dhoti' he was charged by the respondent Rs, 7-6-0 which was in excess of the control price. It was also alleged that the respondent did not issue cash memo to the purchaser nor did he prominently display the licence at the place of his business.