PUBLIC PROSECUTOR Vs. BADULLA SAHIB

JUDGEMENT

(1.) The Public Prosecutor, Madras, appeals against the acquittal of the respondent (accused) by the learned Sessions Judge of Chittoor of an offence under Clause 3- A of the Madras Silk Control Order (1943) read with Rule 81(4) of the Defence of India Rules.

(2.) The facts are not in dispute. On 20 April, 1945, between 3-30 a.m. and 4-30 a.m., at Kothakotta, when the house of the respondent was searched by the Inspector of Police, Madanapalle, he was found in possession of raw silk in bags weighing 734 lbs. and two palams without a licence for such possession as required by the Madras Silk Control Order, 1943. He was prosecuted before the Additional First Class Magistrate of Madanapalle and was convicted for contravening the provisions of Clause 3-A of the Madras Silk Control Order, 1943, and sentenced to imprisonment till the rising of the Court and to pay a fine of Rs. 1,000 and in default to rigorous imprisonment for 9 months. The quantity of silk was ordered to be confiscated to the Government.

(3.) On appeal before the learned Sessions Judge of Chittoor the main point urged was a pure question of law. viz., that the Madras Silk Control Order, 1943,was not properly published as required under Rule 219 of the Defence of India Rules and therefore the respondent not being aware of the order did not have a licence. The learned Judge accepted the contention and acquitted the respondent. It is against that order of acquittal that the Provincial Government now appeals.