PROVINCIAL GOVERNMENT Vs. HABIB MOHAMMAD

JUDGEMENT

(1.) THIS is the Provincial Government's appeal under Section 417, Criminal P.C. from the order of acquittal passed by the Sessions Judge, Jubbulpore, in Cr. A. No. 125 of 1945, on 31-7-1945.

(2.) THE respondent, Haji Habib, is a cloth merchant at Andherdeo, Jubbulpore. The charge against him was that he on 16-2-1945 sold to Maksud Ali 20 yards of long cloth for Rs. 30 at the rate of Rs. 1/8/-per yard exceeding the control rate of-/13/10 per yard and that thereby contravened the provision of Clause 12(1), Cotton Cloth and Yarn (Control) Order. 1943, and committed an offence under Rule 81(4), Defence of India Rules. He was found guilty and sentenced to rigorous imprisonment for 6 months by the Magistrate First Class, Jubbulpore. But on appeal the Sessions Judge, Jubbulpore, acquitted him.

(3.) THE respondent in defence admitted that he received three currency notes from Maksud Ali and that the control price of the cloth was-/13/10 per yard. He also admitted the sale of 20 yards of cloth to Maksud Ali but denied that he had sold it to him at the rate of Rs. 1/8/-per yard and, pleaded that he had received the amount of Rs. 30 not merely as the price of 20 yards of cloth but as an advance for the supply of 20 yards of cloth more. Thus according to him, Maksud Ali agreed to purchase 40 yards of cloth out of which 20 yards of cloth were to be delivered later. The lower appellate Court accepted the defence and further held that the sanction given by the District Magistrate was invalid for the reason that the Provincial Government's notification authorising him to sanction prosecution contemplated by Clause 23, Cotton Cloth and Yarn (Control) Order, 1943, was defective.