Decided on February 26,1952

Vishnuchandra Appellant
STATE Respondents


- (1.)Heard the parties.
(2.)The main question that has subsequently arisen in this application for transfer is whether on the allegations as made by the prosecution the offence alleged is made out as against the accused-applicant, or not. It appears that the accused-applicant is the Provincial Importer of cotton cloth for the State of Ajmer. Certain orders were issued to him by the Director of Civil Supplies, and those orders are said to have been contravened by him. The contention of the prosecution, as such, is that the accused-applicant contravened the provisions of the Cotton Textile (Control) Order, 1948 and is liable therefor u/S. 7 of Central Act XXIV of 1946.
(3.)The contention of the counsel for the accused-applicant, as a matter of fact, initially was that, if all the allegations of the prosecution were examined in full, even then no case whatsoever is made out against any one. The counsel for the accused-applicant, on the other hand, at the time of arguments practically contested all the allegations of the prosecution. He contested not only the facturn of the contravention but also contested the factum whether the Director of Civil Supplies also exercised the powers of the Textile Commissioner as laid down u/c. 37 of the Cotton Textile (Control) Order, 1948. The parties continued their arguments for about two days in trying to prove or disprove the case of each other. Admittedly, this was not the condition on which the counsel for the accused-applicant was allowed to be heard on the point.

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