LAWS(BOM)-1952-9-13

STATE GOVERNMENT MADHYA PRADESH Vs. PIRMOHAMMAD NAZAFIKHAN

Decided On September 25, 1952
STATE GOVERNMENT MADHYA PRADESH Appellant
V/S
PIRMOHAMMAD NAZAFIKHAN Respondents

JUDGEMENT

(1.) THIS is an appeal filed by the State Government of Madhya Pradesh against the judgment of the Sessions Judge, Jabalpur, in Criminal Appeal No. 434 of 1951 acquitting the respondent who was convicted by the Magistrate, First Class, Jabalpur, under Section 7, Essential Supplies (Temporary Powers) Act, for breach of condition No. 5 of the licence issued in form B under the Cenerl Provinces and Berar Yarn Dealers Licensing Order, 1949.

(2.) IT is not disputed that the respondent is a dealer in yarn and was given B class licence under Clause 4, Central Provinces and Berar Yarn Dealers Licensing Order, 1949. He had the accounts entered in his register till the end of 29. 12. 1950. He had dealings in yarn on 20th and 31st December 1950, but failed to maintain the account for these two days in his stock register. He thus contravened the condition No. 5 of the licence granted to him.

(3.) HIS defence was that he was illiterate and could not make the necessary entries. He used to maintain the register with the help of a clerk who remained absent. He thus contended that his failure to maintain the stock register was due to causes beyond his control. The plea raised on behalf of the respondent for not maintaining the accounts of the dealings on the 30th and 31st December 1950 was negatived. The only question raised on behalf of the respondent before the learned Sessions Judge was that the breach of the condition No. 5 of the licence in form B did not amount to a breach of the Central Provinces and Berar Yarn Dealers Licensing Order, 1949. Under the circumstances, he could not be convicted under Section 7, Essential Supplies (Temporary Powers) Act. The learned Sessions Judge accepted the contention and acquitted the respondent. The State Government has, therefore, come, up in appeal against the acquittal.