EMPEROR Vs. BEHRAM SHERIAR IRANI

JUDGEMENT

(1.) The appellant is one of the proprietors of a bakery called the Rising Sun Bakery On January 13, 1943, the bakery was raided by the police. A large number of cakes of various sizes, biscuits and sweetmeats were found on the premises. There were 295 cakes weighing 1/2 lb, each, 180 cakes weighing 1/4 lb. each, 73 dozen small cakes weighing 14 to a lb., 190 dozen cakes weighing 20 to a lb. and some biscuits and sweetmeats. The police in the presence of panchas attached one article of each variety on suspicion that the articles contained wheat or wheat products. By Notification No. 370 issued by the Government of Bombay on January 26, 1942, in exercise of the powers conferred by Sub-rule (2) of Rule 81 of the Defence of India Rules, 1939, they had directed that no person within the limits of the City of Bombay should from the date of that Notification use wheat flour or any wheat product for the preparation of cakes, pastry or any kind of sweetmeats except under a license granted by the Director of Civil Supplies or by some other authorised person. It was alleged by the prosecution that the cakes and pastries found in the accused's bakery contained wheat products, and he was therefore prosecuted under Rule 81(4) read with Rule 81(2)(a) of the Defence of India Rules.

(2.) The accused pleaded not guilty. His defence was that after December 26, 1942, no wheat flour or wheat products had been used in the manufacture of the cakes and pastries which had been attached from his bakery, and that some of the cakes and pastries attached on January 13, 1943, had been made before December 26, 1942. He also contended that the evidence did not show satisfactorily that the articles, which were sent to the Chemical Analyser and which were reported by him to contain wheat products, were the identical cakes which had been attached from his bakery.

(3.) The raid on the bakery took place on the afternoon of January 13, 1943. The samples attached were taken to the police station and remained there till January 21, 1943, when they were sent to the Chemical Analyser. On January 30, 1943, that officer reported that wheat products had been used in the manufacture of all the articles except 2. This report was put in at the trial under Section 510 of the Criminal P. C., 1898, but the Chemical Analyser himself was not called for examination. The report does not state the quantity of wheat products found in each of the articles, nor does it explain what the Chemical Analyser meant by wheat products.