EMPEROR Vs. GOKULDAS NENSI

JUDGEMENT

(1.) THIS is an appeal against the appellant's conviction under Rule 81 (4) of the Defence of India Rules, 1939, for keeping in his possession 18020 yards of cloth in contravention of Clause 15a of the Cotton Cloth and Yarn (Control) Order, 1943. The appellant is a partner in the firm of Bhagwandas Cursondas, holding a license to deal in cotton cloth. It is admitted that his firm was in possession of 18020 yards of unbaled cotton left undisposed of, which had been manufactured before August 1, 1943, and he is prepared to take the responsibility for it. To determine whether he thereby contravened any of the provisions of the Cotton Cloth and Yarn (Control) Order, 1943, it is necessary to analyse some of its clauses and the numerous amendments which were issued in quick succession in the course of two years and which are so scattered that they are not easily accessible for ready reference. We will, however, confine ourselves only to those portions of the various clauses of the Order, the notifications and. their amendments which deal with the possession of loose or unbaled cotton cloth manufactured before August 1, 1943.

(2.) IN exercise of the powers conferred by Sub-rule (2) of Rule 81 of the Defence of INdia Rules, the Central Government made the Cotton Cloth and Yarn (Control) Order, 1943, on June 17, 1943. Clause 14, Sub-clause (1), of that order, as amended by notification No.34-Tex. A (1) 12/43, dated November 24, 1943, runs as follows : No cloth. . . manufactured before the 1st August 1043, shall, unless expressly authorised by the Textile Commissioner, (a) be kept by any person in unopened bales or cases after the 31st August 1943; (b) be kept undisposed of by any dealer, or by any person holding on behalf of a dealer, after the 81st December 1943.

(3.) IN the meantime Clause 14 (