LALJEE Vs. EMPEROR

JUDGEMENT

(1.) The applicant, Laljee, is the proprietor of a firm, Messrs. Laljee Kanhaiya Lal, who are retail dealers in cloth and have a shop in the city of Allahabad. On 24-1- 1945, a Piece Goods Inspector went to the shop of the applicant and found cloth which, under the Government of India Cotton Cloth and Yarn (Control) Order, 1943, the applicant, it is said, was not entitled to be in possession of after 81-12- 1944. The Inspector reported the matter to the Collector who gave his sanction, by an order dated 14-2-1945, for the prosecution of the applicant under Rule 81 (4), Defence of India Rules.

(2.) Mr. M.A. Qureshi, Magistrate, First Class, Allahabad, held a summary trial, and on 28-6-1945, convicted the applicant under Rule 81(4), Defence of India Rules, for breach of Clause 14, Government of India Cotton Cloth and Yarn (Control) Order, 1943, and sentenced him to pay a fine of Rs. 101 and in default to undergo two months rigorous imprisonment. The cloth, excepting one "tex-marked" saree, was forfeited.

(3.) The applicant filed a revision in the Court of the learned Sessions Judge of Allahabad who rejected the same on 18-10-1945., The applicant has now come up to this Court in revision.