STATE OF MAHARASHTRA Vs. KEDARNATH ZUMBANLAL MALPANI

JUDGEMENT

(1.) This respondent accused in this appeal had purchased a scooter on 19th July, 1973 and within one year thereafter on 12th June, 1974 he purchased another scooter. The prosecution was started against him on the ground that he had contravened Clause (8) of the Scooter (Distribution and Sale) Control Order, 1960, which has been issued by the Central Government by virtue of power conferred upon it by section 18-G of the Industries (Development & Regulation) Act, 1951. Section 24(1)(iii) provides for punishment for six months or fine or with both for offence consisting of contravention of any order made under section 18-G of the Industries (Development & Regulation) Act, 1951.

(2.) Clause (8) of the Scooter (Distribution and Sale) Control Order, 1960, prohibits purchase of a new scooter by a person who has purchased another scooter in the same year except with the permission in writing from the authority specified in that order. From the dates mentioned above it is clear that accused had purchased two scooters within 12 months. The prosecution therefore alleged that he was guilty of contravention of the provision of Clause (8) of the Order.

(3.) On a plea of guilt made by the accused the learned Judicial Magistrate, First Class (Railways), at Aurangabad before whom the accused and tried, convicted the accused of the offence with which he was charged and sentenced him to pay a fine of Rs. 60/-. In default of payment of fine simple imprisonment for two weeks was awarded.