EMPEROR Vs. SORAB KHUDARAM IRANI

JUDGEMENT

(1.) This is an appeal from an order of conviction and sentence passed by the Presidency Magistrate, Sixth Court, Bombay. He convicted the accused under Section 18 read with Section 7 of the Hoarding and Profiteering Ordinance and sentenced him to a fine of Rs. 10,000, in default rigorous imprisonment for one year.

(2.) The facts which are not in dispute are that the accused was found in possession of 165 cases of foreign liquor on March 13, 1946, and the case for the prosecution was that under Section 7 of the Ordinance XXXV of 1943 that quantity was more than necessary for the reasonable needs of the accused and his family for a period of three months.

(3.) It is not disputed by Mr. Kolah for the accused that if the Ordinance applied, being in possession of 165 cases of foreign liquor certainly offended against Section 7 of the Ordinance. It cannot be said that such a large quantity of foreign liquor was necessary for the reasonable needs of the accused and his family. But the contention urged by Mr. Kolah is that looking to Section 17 of the Ordinance we are controlled by the Abkari Act, and not by the Ordinance. Section 17 of the Ordinance provides:- " The provisions of this Ordinance shall be in addition to and not in derogation of any other law for the time being in force regulating the keeping, storage, distribution, disposal, or price of articles."