RAM CHANDRA CHAKRAVARTY Vs. STATE

JUDGEMENT

(1.) These are three applications for revision under Section 439 of the Criminal P. C. There is a common point to be decided in all these three cases and accordingly I shall, deal with the point in one of them (criminal revision case No. 657 of 1951) which will be sufficient to dispose of all the three cases.

(2.) In this case, (Criminal Revision Case No. 657 of 1951) Ram Chandra Chakravarty the accused, is a Group "D" licensee under the 'West Bengal Cotton Cloth and Yarn Control Order of 1948'. He has his place, of business at Patrasayer. On August 7, 1950 a Sub-Inspector of the District enforcement branch visited the shop of the accused and according to him the accused was guilty of three things: firstly, that he had failed to keep his "accounts in the prescribed forms, as required under clause 15 of the 'West Bengal Cotton Cloth and Yarn Control Order'; secondly, that he did not issue true cash memos in the prescribed forms; and thirdly, which is the most important point for our consideration that he did not display his price list in a conspicuous part of his shop as required by clause 18(1.) of the said Order.

(3.) At the trial, the first two points were not substantiated, but the accused was found guilty of a violation of the provisions of clause 18(1) of the West Bengal Cotton Cloth and Yarn Control Order, 1948, as he did not display any price list in a conspicuous. part of his shop, and was sentenced by the trying Magistrate to be detained till the rising of the Court and to pay a fine of Rs. 50/- or in the alternative, to suffer rigorous imprisonment for two weeks. Against this order of the trying Magistrate there was an appeal to the Sessions Judge of Bankura, who upheld the. conviction and dismissed the appeal.