BADRINARAIN Vs. STATE

JUDGEMENT

(1.) THE applicants Govind Narain and Badri Narain are being tried jointly in the court of the City Magistrate, Jaipur, under sec. 6 of the Essential Supplies (Temporary Powers) Ordinance I949, for selling cement in contravention of the clauses 4, 6 and 10 of the Cement Control Order. THE following charges were in the first instance framed against them on the 24th August, 1949: - Against Badri Narain - That you on or about Oct. , Nov. , 1948 sold 400 bags of cement out of 1600 bags of cement which was acquired in accordance with the permit of Cement Controller, Jaipur, for being used for the construction of the building of the Laxmi Metal Industries to the Bullion Association, Jaipur, at Rs. 10/8/- per bag, a rate higher than the control rate of Rs. 87/8/- per ton without obtaining the order of the Controller and as such used the said cement otherwise than for the purpose for which it was obtained and thereby committed an offence punishable under sec. 10, 4 and 6 of the Cement (Control of Distribution) Order, 1947 and Notification No. 6469/c dated 7. 2. 48 read with sec. 6 of the Rajasthan Essential Supplies (Temporary Powers) Ordinance, 1949 and within my cognizance. Or in the alternative, charge you Badri Narain as follows: - That you on or about Oct. , November, 1948 sold 400 bags of cement to the Bullion Association Jaipur at Rs. 10/8/- per bag, a rate higher than the Controlled rate of Rs. 87/8/- per ton without obtaining the order of the Controller and thereby committed offence punishable under Cl. 10 and 4 of the Cement (Control of distribution) Order, 1947 and Notification No. 6469/c dated 7. 2. 48 real with sec. 6 of the Rajasthan Essential Supplies (Temporary Powers) Ordinance, 1949 within my cognizance and thereby direct that you be tried by this court in the sail charge. Against Govind Narain - That you 01 or about Oct. 1948 sold 17 bags of cement out of 1600 bags of cement which was organised in accordance with the permit of the Cement Controller, Jaipur, for being used for the construction of the Building of the Shri Laxmi Metal Industries Ltd. to the Bullion Association Jaipur at Rs. 10/8/- per bag, a rate higher than Rs. 87/8/-, control rate of cement per ton, without obtaining the order of the controller and as such used the said cement otherwise than for the purpose for which it was obtained and thereby committed an offence punishable under Cl. 10, 4 & 6 of the Cement Control & Distribution Order 1947 and Notification No. 6489/c dated 7. 2. 48 read with sec. 6 of the Rajasthan Essential Supplies (Temporary Powers) Ordinance, 1949 and wit in my cognizance. Or in the alternative charge you Govind Narain as follows: - That you on or about Oct. , Nov. 1948 sold 17 bags of cement to the Bullion Association, Jaipur at Rs. 10/8/- per bag at a rate higher than the control rate of Rs. 87/8/-per ton without obtaining the order of the Controller and thereby committed tan offence punishable under Cl. 10 & 4 of the Cement Control & Distribution Order 947 and Notification No. 6409/cf read with section 6 of the Rajasthan Essential Supplies (Temporary Powers) Ordinance 1949 within my cognizance. And I hereby direct that you be tried by this court under this charge.

(2.) THEY filed a revision in the court of the Sessions Judge, Jaipur on the ground that they should not be jointly tried and that the evidence was not prima facie, sufficient for drawing up charge, and they be therefore dis-charged. The learned Sessions Judge made a reference to the High Court that the charges be quashed and the accused be discharged. The High Court, however, rejected the reference on the ground that the accused should first move the trial court. This order is dated 6th January, 1950.