SRINIVAS MALL BAIROLIYA Vs. EMPEROR

JUDGEMENT

(1.) The appellants were convicted on 4-11-1943 by the Deputy Magistrate of Darbhanga, under the Defence of India Rules relating to the control of prices and were sentenced to terms of imprisonment. The Sessions Judge confirmed the convictions and the sentences. Applications to the High Court of Patna for the revision of the judgment of the Sessions Judge were dismissed. The appellants obtained special leave to appeal from the judgment of the High Court to His Majesty in Council.

(2.) Srinivas Mall Bairoliya (hereafter called appellant 1) was at the material time acting as Salt Agent for part of the district of Darbhanga. He had been appointed to this office in October, 1942, by the District Magistrate. It was his duty to sell to licensed retail dealers the supplies of salt which were allocated by the central Government to his part of the Darbhanga District. Sitaram Prasad, who will be referred to hereafter as appellant 2, was employed by appellant 1, who had entrusted him with the duty of allotting the appropriate quantity of salt to each retail dealer, and noting on the buyer's licence the quantity which he had bought and received.

(3.) The proper performance of these duties was essential to the due enforcement of orders made under the Defence of India Rules. By Rule 81 (2) of these Rules, the validity of which is not in question, Provincial Governments were empowered to make orders to provide for controlling the prices at which articles or things of any description whatsoever might be sold. The Defence of India Act, 1939, under which the Rules were made, empowered the Provincial Governments to delegate the exercise of their powers to certain officers, and the power to provide by order for controlling the prices at which various articles (among them salt) might be sold otherwise than in a primary wholesale market had been in fact delegated to District Magistrates. Rule 81 (4), of the Rules provided for the punishment of persons guilty of contravening any such order.