BHOLAPROSAD LALA Vs. THE KING

JUDGEMENT

(1.) THIS is a petition for revision of an order made by and learned Additional Presidency Magistrate convicting the petitioner of an offence under Section 7(l), Essential Supplies Act and sentencing him to pay a fine of Rs. 2C0 and in default of payment, to undergo rigorous imprisonment for two months. Certain articles which were seized were ordered to be forfeited.

(2.) THERE can be no doubt that the petitioner was on 30th August 1943, in charge of a hand -cart on which were loaded two bales of yarn and 10 bundles of yarn. He was stopped by a Sub -Inspector of the Enforcement Branch whiter crossing the Howrah Bridge. The hand oart was searched and the goods were found in it, The petitioner was in due course sent for trial and was charged under the Essential Supplies Act for moving cloth or yarn from the Calcutta District to the Howrah District without a permit issued by the Director under the West Bengal' Cotton Cloth and Yam Movements Control Order, dated 19th December 1947, made under the Essential Supplies (Temporary Powers) Act. Para. 4 (2) of this Order reads as follows:

(3.) ON 11th September 1943, the schedule was again amended and Caloutta and the Sadar Subdivision of Howrah were treated as one entity. However, on the day this offence was committed the schedule treated the Sadar Subdivision of Howrah as a separate entity from Calcutta and it was olearly an offence to move yarn across the Hooghly to Howrah without a permit.