V.R.SEN,J. - (1.)THIS is an appeal by the Provincial Government against the judgment of acquittal of the respondent Ganeshlal, son of Rekhchand, passed by the Magistrate First Class, Buldana, on 1st December 1948 in criminal case NO. 156 Of 1948.
(2.)THE respondent is a resident of Akola. He held a licence for dealing in foodgrains as a wholesale dealer in the Akola district under the Foodgrains Control Order, 1945. He did not hold a similar licence for the Buldana district. Damodar Das (P.W. 2) has a licence for the Buldana district in the name of his shop Rambax Ramniwas of Malkapur. He purchased 400 bags of mung on 8th January 1947, 200 bags of mung on 24th January 1947, 254 maunds of tur, E0 bags of gram on behalf of the respondent at Malkapur, a place within the Buldana district. Damodar Das acted as an adatiya of the respondent in respect of these transactions and received his commission. The bags were later sold by P.W. 3 at Malkapur and Khamgaon. The respondent was prosecuted for contravention of els. 3 (1) and 6 (2), Foodgrains Control Order, 1945, read with 8. 7, Essential Supplies Act.
(3.)THE accused (respondent) in his examination did not dispute the transactions of purchase and sale alleged by the prosecution. He stated that he did not go to Malkapur and that Rambax Ramniwas had alone purchased and sold grain at his instance. He had, he contended, not committed a breach of the licence.
The learned Magistrate acquitted the accused on the ground that it was Damodar Das (P.W. 2) who was responsible for all the transactions and not the accused. It was not in his view necessary for the accused to obtain a licence for the Buldana district as he had not started business at Malkapur on his own account, and Damodar Das would be responsible for the breach of the licence if committed and not the accused.