AMARESH CHANDRA SINHA Vs. EMPEROR

JUDGEMENT

(1.) This is a Rule against an order of conviction for contravention of cls. 4, 10 and 11 of Ordinance 35 of 19-13 read with certain notificatibns and is made under Clause 13 (1) and (2) of the said Ordinance. The accused was sentenced to two months rigorous imprisonment and to pay a fine of Rs. 1000, in default to suffer rigorous imprisonment for one month.

(2.) The prosecution case was that on 9 January 1945 the accused sold vegetable ghee to the Sub-Inspector at the rate of Rs. 2-3-0 per seer, a price much above the controlled rate. A first information was lodged and eventually a charge-sheet was submitted in which the offence committed was stated to be selling ghee at above the controlled rate, refusal to give a cash memo and failure to hang up the price list. The conviction was upheld on appeal by the learned Sessions Judge of Jessore.

(3.) The case was tried summarily. The accused came before the Court on 15 January and this summary trial took 18 months, the conviction eventually being held on 3 August 1946. Various objections have been taken to the trial most of which do not appear to us to be of substance. Although the case took 18 months, the Court did not find time properly to exhibit the necessary orders and sanctions, but they are in fact either on the record or matters of record in the gazette such that the absence of formal marking as exhibits is not serious.