PANNALAL Vs. STATE

JUDGEMENT

(1.) THE applicants Panna Lal and Bishan Dayal have been convicted by the Additional District Magistrate of Guna for an offence under Section 7 (1), Essential Supplies (Temporary Powers) Act, 1946 and sentenced to imprisonment till the rising of the Court and to pay a fine of Rs. 500 each. The learned Sessions judge of Guna maintained the conviction and sentence in an appeal preferred by the accused persons against their convictions and sentences.

(2.) THE charge against the applicants was that on 30. 1. 51, they sold to one Ram Narayan a pair of dhoti for Rs. 16/- that is, in excess of the control price Rs. 13. 2. 9 and thus contravened the provisions of Clause 15, Madhya Bharat Cotton Textile (Control) Order, 1048, issued under the Essential Supplies (Temporary Powers) Act of 1946.

(3.) THE main contention of Mr. Dey the Learned counsel appearing on behalf of the applicants is that in this case the fact that the control price of the dhoti alleged to have been sold by the applicant was Rs. 13-2-9, has not at all been proved by the prosecution. It is said that the notification of the Textile Commissioner under Clause 12, Cotton Textile Control Order by which the maximum price of Dhotis of the type alleged to have been sold by the applicant was fixed at Rs. 13-29 has not been proved. In my opinion, this contention is well-founded and must be accepted.