STATE Vs. MAGRAJ

JUDGEMENT

(1.) THIS is an appeal by the State against the order of the Sessions Judge of Bikaner acquitting Maghraj and Bhanwarlal of an offence under sec.6 of the Rajasthan Essential Supplies(Temporary Powers) Ordinance (No. XIII) of 1949 read with rule 3 of the Cotton Cloth and Yarn Dealers Licensing Order of 1943 passed by the former State of Bikaner.

(2.) THE case for the prosecution was that Bhanwarlal was the proprietor of a shop known as "Agarwal Brothers" which carried on the business of selling country made cotton cloth in Bikaner State. Maghraj was said to be the Munib of Bhanwarlal working at this shop. No license, as required by rule 3 of the licensing order already referred to, was taken for carrying on the business of selling such cloth, and therefore the two accused were prosecuted. THEy were convicted by a Magistrate, and sentenced to a fine. On appeal the learned Sessions Judge has acquitted them. He has held that the Licensing Order in question expired on the 16th Sept 1945, as Rule 81 of the Defence of India Rules, under which it was issued, itself ceased to be in force on that day. He further held that the Magistrate erred in trying the case as a summons case, and that it should have been tried as a warrant case. Lastly, he was of the view that on the facts the prosecution had failed to prove its case.

(3.) IN this view of the matter, we are of opinion that the acquittal of the accused by the Sessions Judge is correct. It is, therefore, not necessary for us to go into the question of fact, namely whether on the facts proved by the prosecution an offence can be said to be made out for the breach of the Licensing Order.