BAPULAL Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the learned Sessions Judge of Udaipur.

(2.) THE petitioner, Bapu Lal, was challaned for an offence under sec. 13, read with sec. 6, of the Mewar Hoarding and Profiteering Prevention Act, 1944 (Act No. I of 1944 ). THE allegations were that the petitioner was the manager of the Bhandari Iron and Steel Company, Udaipur, which dealt in diesel oil, besides certain other commodities. He sold diesel oil on various dates to the Maharana Bhupal Electric Supply Company, and in particular on the 20th of July, 1948, for Rs. 5703/12/ at the rate of Rs. 1/9/-per gallon. This rate was stated to be 28% higher than the landed cost of the oil and was 'unreasonable consideration' within the meaning of sec. 6 of the aforesaid Mewar Act No. I of 1944- Sanction was accorded by the Government for the prosecution of the petitioner on the 4th of April, 1949, and the challan was presented on the 21st of February, 1950. Three cases of a similar nature were challaned to the Court of City Magistrate, Udaipur, and have been consolidated.