MADAN LAL ARORA Vs. STATE

JUDGEMENT

(1.) The appellant Madan Lal Aurora has been convicted by a Presidency Magistrate under Section 10 read with Section 7 of the Essential Commodities Act and sentenced to detention till the rising of the Court and to pay a fine of Rs. 1000/-, in default to suffer rigorous imprisonment for six months. He has also been convicted under Section 482/485 of the Indian Penal Code and sentenced to pay a fine of Rs. 1000/-, in default to undergo rigorous imprisonment for six months'.

(2.) On behalf of the State an application for enhancement of the sentence passed on the appellant having been made, a Rule was issued by this Court. The appeal and the Rule have been heard together and are disposed of by this judgment.

(3.) On the 9th of May 1955 Santi Ranjan Roy Choudhury, a Trade Mark Investigator of Messrs. Hindusthan Vanaspati Manufacturing Ltd. lodged an information with the police complaining that Dalda products which were their manufacture were being adulterated and sold to members of the public in Dalda tins by Surendra Vegetable Stores at 171A, Harrison Road and 2, Babu Lal Lane. Action was accordingly requested to be taken by the Police in the interest of public health. On the basis of this information two search warrants were issued by the Additional Chief Presidency Magistrate authorising search of 171A. Harrison Road and 2, Babu Lal Lane.