HASANAND Vs. STATE

JUDGEMENT

(1.) THE petitioner Hasanand has been convicted by the City Magistrate, Lashkar under Section 8, Madhya Bharat Essential Supplies Act Samvat 2005 (Act III [8] of 1948) read with Clause 15 (1), Madhya Bharat Cotton Textile (Control) Order, 1948 and sentenced to three months rigorous imprisonment and to a fine of Rs. SO in default rigorous imprisonment for one month The appeal of the accused against the conviction and the sentence was rejected by Sessions Judge Gwalior. He has now filed this petition against the decision of the Sessions Judge, Gwalior.

(2.) THE case against the accused was that on 14-ll-1949 he sold to one Earn Chandra a sari manufactured by the Vivekanand Mills and bearing No. 44607 for Rs. 5-14-0 whereas the Control price was Rs. 5-7-0. The prosecution case was sought to be established by the evidence mainly of Mr. Kalgaonkar, Inspector Civil Supplies and Mr, Mehta, Regional Controller, Civil Supplies who deposed that on 14-11-1949 they went to Jayaji Should Market, and found Earn Chandra with a Sari purchased from the applicant's shop. They inquired of Earn Chandra the price which he had paid for the Sari and when he told them that he had paid RS. 5-14-0 for it, the Inspector Civil Supplies went to the applicant's shop, inquired into the matter and passed an order freezing a Sari manufactured by the Vivekanand Mills and bearing No. 14607 on which the ex- mill price was marked as Rs. 4-5-3. It was stated by the prosecution that the Sari which was frozen by the Inspector was of the same class and kind and with the same markings as the one which was sold to Ram Chandra. The Sari which was actually sold to Earn Chandra was never seized by the Inspector. Nor was at any time produced in the Court.

(3.) THE applicant admitted having sold a Sari to Ram Chandra on 1411-1949 for Re. :514-0. His defence was that the Sari which he sold to Ram Chandra was not of the same kind and type as the one in respect of which the Inspector passed the freezing order and that he had committed no offence in selling the Sari, which he did, to Ram Chandra for Bs. 5-14-0.