JUGAL SINGH Vs. EMPEROR

JUDGEMENT

(1.) This application in revision is directed against the conviction of the petitioner under Rule 81(4), Defence of India Rules.

(2.) The petitioner, a coal merchant of Muzaffarpur, has been convicted under this provision for selling for four annas soft coke, on 21 January 1942, to a clerk in the Muzaffarpur Collectorate, at a rate in excess of that fixed by the District Magistrate of Muzaffarpur under Rules 81(2)(b) of the said Rules. The sentence was rigorous imprisonment for two months and a fine of Rs. 50 or in default a further two months rigorous imprisonment. The petitioner's appeal has been dismissed by the learned Additional Sessions Judge, Muzaffarpur.

(3.) In a list issued by the District Magistrate on 21 January 1942, the maximum price for soft coke had been fixed at annas ten per maund. The same maximum price had been fixed for steam coal. In the previous weekly list issued on 14th January 1942, the same rates had been specified. The findings of the Courts below are that on the morning of 21 January the petitioner sold soft coke to the complainant at the rate of Re. 1 per maund in contravention of the orders which had been duly passed under the rule I have referred to.