MAHAMMAD AZAM KHAN Vs. KING

JUDGEMENT

(1.) This is a petition for revision of orders of the Courts below convicting the petitioner under Section 7 of Act xxiv of 1946 read with Rule 81 (4), Defence of India Rules, and sentencing him to pay a fine of Rs. 1000 and in default of payment to undergo rigorous imprisonment for six months. There was also an order confiscating certain flour.

(2.) The case for the prosecution was that on 10-4-1946, the petitioner purchased 63510 pounds of flour. This flour belonged to the military and was actually put up for sale as condemned flour that is flour unfit for human consumption. The price paid for it was Rs. 2/8/- per 100 pounds which, would be a natural price for flour unfit for human consumption. The total price came to Rs. 1587-12 and this sum was deposited in the Midnapore Treasury by the petitioner on 10-4-1945 under Chalan No. 69.

(3.) Shortly after this sale the police seized the flour. It is not quite clear whether or not after the purchase the petitioner had moved this flour. It was stored near what is called the F.S.D. Office at Hijli Camp. In that camp the petitioner had a canteen. It is by no means clear whether the flour which originally was stored in this camp was moved at all. If it was moved it could only have been moved from one part of the camp to the other, as admittedly when it was seized it was within the boundaries of the camp.