MUNSHI LAL Vs. EMPEROR

JUDGEMENT

(1.) This application in revision has been filed by Munshi Lal who was convicted of an offence under Section 13 read with Secs.9(2)(a) and 17 of the Hoarding and Profiteering Prevention Ordinance, 35 of 1943. The learned Magistrate who convicted him passed a sentence of fine of Rs. 1000. In appeal the learned Sessions Judge upheld the conviction but reduced the sentence of fine from Rs. 1000 to Rs. 750 only. With this modification he dismissed the appeal. This application came up before a Single Judge of this Court who passed the following order: The sole question in this application is whether the Hoarding and Profiteering Prevention Ordinance of 1943 is ultra vires the Governor- General, let this application be laid before a Bench.

(2.) In this Court, however, the arguments were not confined only to the point which was pressed before the learned Single Judge but certain other points were also raised to which we shall presently refer.

(3.) The facts of this case are simple. On 25 March 1945, two Deputy Magistrates Messrs. C.B.L. Dube and Jagram Singh, who were stationed at Aligarh, went to certain shops in that city with a view to checking black marketing. They gave themselves out as purchasers of articles of necessity. Their real purpose, however, was, as mentioned above, to discover whether the shop-keepers were indulging in black marketing. They arrived at the firm of Piarey Lal Har Ballabh Das, Iron and Steel Merchants. At that time the applicant Munshi Lal, who happens to be one of the proprietors of the firm, was present and was himself conducting the sale. The two Magistrates demanded iron bars (sarias) from Munshi Lal who refused to sell the same to them. He said he did not have sarias in the stock either at his shop or in his go-down, but offered to supply the bars after the purchasers registered their names and addresses with him.