GOURISETTI NARAYANA Vs. STATE

JUDGEMENT

(1.) The police filed a charge-sheet against the four accused in the Court of the learned Munsif-Magistrate, Karimnagar, to the effect that on 16-5-1963, the 1st accused agreed to sell to P. W. 1 sugar at the rate of Re. 1-50 nP. per kg. and the 2nd accused weighed and delivered two Kgs. of sugar at that price whereas the controlled price was Re. 1-16 nP. per Kg. , that accused 1 and 2, therefore, committed an offence punishable under Rule 125 (2) read with Rule 125 (9) of the Defence of India Rules, 1962 and under the Sugar Control Order of 1963, and that accused 3 and 4 were punishable under the aforesaid Rules read with Rule 145 of the Defence of India Rules. Accused 1, 3 and 4 are partners of a partnership and the 2nd accused is said to be their salesman. The learned Munsif-Magistrate took the case on file as C. C. No. 122 of 1963 and proceeded with it. The four accused in that case filed Cr. Revision Case No. 741 of 1963 to quash the proceedings in that case.

(2.) The police filed another charge sheet against a single accused, Gourisetti Veeraiah, alleging that on 16-5-1963, he had sold 2 Kgs. of sugar at Re. 1-75 nP. per Kg. at Karimnagar while the retail price was Re. 1-16 nP. per Kg. The learned Munsif-Magistrate took the case on file as C. C. No. 123 of 1963. The sole accused in that case has filed Crl. Revision Case No. 767 of 1963 to quash the proceedings in that case.

(3.) Both the cases involved the same point of law. They came together for hearing before our learned brother. Mohamed Mirza, J. The learned Judge passed an order on 3-3-1964 which is as follows : "This Revision petition raises an important point of law under the Defence of Indian Rules. Therefore I refer it to a Bench." As a result, these revision cases came up for hearing before us.