EMPEROR Vs. PANDURANG BHIKHAJI JOSHI

JUDGEMENT

(1.) This is an appeal by the accused against his conviction by the Presidency Magistrate, 4th Additional Court, of an offence under Rule 116(2) of the Defence of India Rules.

(2.) Rule 116, so far as material, enables the Provincial Government to require any person to furnish or produce to any specified authority or person any such information or article in his possession as may foe specified in the order, being information or an article which that Government considers it necessary or expedient in the interests of the defence of British India, the efficient prosecution of the war, or the public safety or interest to obtain or examine. Under that rule Government issued a notification on February 5, 1943, which, so far as is material for the present purpose is in these terms :- The Government of Bombay is pleased to order that every person in the City of Bombay and Bombay Suburban District shall, on every Tuesday beginning wi February, 9, 1943, furnish to the Director of Civil Supplies (Statistics section), Bombay, a full and correct statement in the form specified of the stock of rice, paddy and rice flour held by him on his own account or on account of or in partnership with any other person on Sunday immediately preceding such Tuesday, if such stock amount to 10 maunds or more.

(3.) It is not disputed that on Sunday February 14, the accused held stock of rice exceeding ten maunds and the charge against him is that he did not declare that excess of stock on Tuesday February 16. His evidence, which the learned Magistrate accepted, is that he was out of Bombay, staying at Nasik, from February 4 to February 17. He was not, therefore, in Bombay on February 16.