SANTU CHANDOMAL DASWANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant in this case was prosecuted for an offence punishable under clause 5 of the Maharashtra Indigenous Rice (Control on Prices) Order, 1964, read with section 7 of the Essential Commodities Act, 1955.

(2.) The accused-applicant has been convicted of that offence by the trial Magistrate and has been sentenced to pay a fine of Rs. 500.00 and, in default, to undergo rigorous imprisonment for three months. The said order has been confirmed in appeal by the Extra Additional Sessions Judge, Nagpur.

(3.) Hiralal Chandomal Daswani, who is the brother of the accused, runs a retail kirana shop in Jaripatka area of Nagpur. He also sells rice in his shop. The accused is a college student and on Dec. 29, 1964, which was a holiday, the accused was sitting in the shop of his brother Hiralal and was effecting sales of the articles in the shop. It is alleged by the prosecution that one Madhukar, who is a resident of the same locality, complained that the accused was selling rice. to customers at the rate of Rs. 1.25 nP per kilo as against the maximum price fixed by the Maharashtra Indigenous Rice (Control on Prices) Order, 1964. The maximum retail sale price for the coarse variety of rice in this district was fixed at 72 nP per kilo, for the medium quality the maximum rate was 77 nP per -kilo and for the fine variety the price was fixed at 81 nP per kilo. Madhukar, accompanied by one Ramehandra and Gulab, went to the Pachpaoli Police Station and made a report. On this, the Sub-Inspector Gupta arranged for a trap and, accordingly, he gave 1 one-rupee currency note, 1 four-arena coin, 1 ten-nP coin and 1 two-nP coin to the complainant Madhukar after putting marks on them. A panchanama was accordingly made and the complainant Madhukar was instructed by him to go to the shop of the accused for purchasing rice. The two persons, Ramchandra and Gulab, were to act as panchas and were to accompany the complainant Madhukar and witness the transaction. The complainant and the two panchas Ramchandra and Gulab then went to the shop of the accused and the Sub-Inspector Gupta also followed then and took up the position near about the shop of the accused. The Sub-Inspector had asked the complainant to give a signal after the transaction was effected.