KANHIYA LAL Vs. EMPEROR

JUDGEMENT

(1.) This judgment will govern 101 references, namely, 884 to 389, 391 to 404, 441 to 457, 469 to 496, 815 to 829, 835 to 844, 990 to 999 and 1376 of 1946. Common questions of law arise in them. 100 of these references are by the learned Sessions Judge of Agra and the remaining one by that of Cawnpore.

(2.) In the cases from Agra the charge against the accused persons, who are all dealers in cloth, was that after 31-12-1944, they were found in possession of cloth manufactured before 1-8-1943, and thereby they contravened Clause 14 of the Government of India Cotton Cloth and Yarn (Control) Order, 1943, and were accordingly punishable under Rule 81(4), Defence of India Rules. In the. case from Cawnpore, the charge was that the accused person was on 5-1-1945, in possession of printed cloth marked in June 1944, and thus contravened the amended Clause 14.

(3.) The defence in all the cases was that the accused persons tried to dispose of the cloth in question, but could not succeed in making a complete clearance, and in the absence of any orders on the relevant dates by the Textile Commissioner as contemplated by Clause 16-A of the aforesaid Order, they could not help being is possession of them. The accused persons from Agra assert their bona fides by showing that they never suppressed the cloth in question and showed them in their returns to the Supply Officer. The accused from Cawnpore (Reference No. 1376 of 1946) even states that ho was prevented by the Supply Officer from selling the cloth up to 28-12-1944 and in the three days that were left it was not possible for him to Bell away the cloth in question. It appears that this accused had bought 800 pieces of cloth at Bombay and discovered that he was selling them at more than the controlled rate. He explained to the District Supply Officer that there seemed to have been a mistake and inquired what he should do. The Supply Officer asked him on 25-8-1944, not to sell any more of the cloth till he received the Government orders. It was on 28-12-1944 that this accused was informed of the Government orders to sell the cloth.