MITHAN LAL Vs. EMPEROR

JUDGEMENT

(1.) These are twelve applications in revision which may conveniently be dealt with in one judgment. The applicants are cloth dealers of Sikandarabad, and they have been convicted under Sub-rule (4) of Rule 81 of the Defence of India Rules for a contravention of Clause 14 of the Government of India Cotton Cloth and Yarn (Control) Order, 1943, (hereinafter referred to as the Control Order). On 4th November 1944, Clause 14 of this Order was amended; and thereafter on the material dates para. 1 of Clause 14 read as follows: 14(1). No dealer shall, after 31 December 1944, buy or sell or have in his possession - (a) any cloth or yarn manufactured in India before 1 August, 1943; (b) any cloth or yarn manufactured in India and packed after 31 July 1943, and before 1 January 1944.

(2.) On 2nd, 3 and 4 January 1945, a Piece Goods Inspector visited the business premises of the applicants, and seized and sealed the cloth for the possession of which after 1 January 1945 the applicants have been prosecuted. The applicants were tried and convicted. They were sentenced to the payment of fines ranging from Rs. 25 to Rs. 60 and in each case the cloth in question was confiscated. The amount of cloth seized varied in quantity from 87 to 670 yards. Applications in revision made to the Sessions Judge of Bulandshahr were dismissed.

(3.) In view of the decision of this Court, Cri. Revn. No. 272 of Lalji V/s. Emperor ( 48) 35 A.I.R. 1948 All., it is not open to the applicants to contend, as has been held by certain other High Courts, that as the Textile Commissioner had laid down no conditions under Clause 15 - A of the Control Order, subject to which cloth which fell within the scope of Clouse 14 could be kept and sold, the possession of the cloth did not, on the dates upon which it was seized, constitute an offence; but it is sought to distinguish the present case on the grounds, first, that the applicants had no guilty intention and secondly, that they had, within the meaning of Rule 5 of the Defence of India Rules, a "lawful excuse" for their failure to comply with the provisions of Clause 14 of the Control Order.