STATE Vs. GENDALAL AND ORS.

JUDGEMENT

(1.) THESE criminal appeals are filed by the Government Advocate on behalf of the Government against the order of acquittal passed by the District Magistrate on 9th September in various criminal cases e.g. Criminal Case No. 1844 of 1947, Criminal Case No. 1845 of 1947, criminal Case No. 1846 of 1947 and criminal case No. 10233 of 1947.

(2.) I will first of all take up Criminal Appeals Nos. 19 and 24, They arise from, the facts of criminal case No. 1846 and 10233 of 1947. Both these cases were jointly tried by the District Magistrate, vide order in proceedings dated 3rd February 1948. Both these cases were decided on 9th September 1948. In criminal Case No. 1810 of 1947, information having been received that the firm styled as Messrs. Prakashcbandra Rameshchandra was in possession of time -barred; cloth in contravention of Section 14, Clause U), Indore Cotton Cloth and Yarn Control Order 1945, & search was made on premises occupied by the firm by Mr. Adsule, Textile Inspector under the orders of Textile Commissioner. Time barred cloth as per schedule attached was seized from the firm of Prakashchadra Rameshchandra Criminal case No. 1846 of 1947. was filed by the Deputy Textile Commissioner against Gendalal, Gulabchand and Dhannalal. Then criminal Case No. 10,233 of 1947 was launched on a complaint by the Deputy Textile Commissioner on 18th November 1947 regarding the seizure of time -barred cloth and all the parters of the firm of Prakashchandra Rameshchandra were prosecuted e.g. (1) Gambhirmal, (2) Mrs. Manakbai, (3) Mrs. Sunderbai, (4) Mr. Himatbumar, (5) Bimal -chand, (6) Prakashchandra, (7) Kailaschandra, (8) Rameshchandra and (9) Dhannalal.

(3.) BEFORE I take up the various points of contentions raised in this appeal, it would be necessary to discuss the various notifications issued by the Textile Commissioner, Indore under the provisions of Indore Cotton Cloth and Yam Control Order of'1.045 and various clauses of the Cotton Cloth and Yarn Control Order.