SHAKOOR HASAN KACHHI MEMON Vs. EMPEROR

JUDGEMENT

(1.) THIS is an application to revise the judgment of the Sessions Judge, Nagpur, in Criminal Appeal No. 110 of 1943, decided on 11th May 1948. The applicant is by profession a grocer who was convicted of two offences under Rule 81(4) in respect of infringement of Rule 81(b), Defence of India Rules, for selling one bag of crystal sugar to Jagdish and four bags of the same article to Laghate at prices in excess of the maximum price of sugar fixed by the District Magistrate of Nagpur in his order of 12th June 1942 and was sentenced to 4 months rigorous imprisonment on each count and fine of Rs. 100 and 200, respectively. His appeal having failed he has moved this Court in revision.

(2.) IN exercise of the powers conferred on the District Magistrate by the Provincial Government in pursuance of Section 2(5), Defence of India Act, the District Magistrate by an order dated 12th June 1942, fixed the wholesale price of crystal sugar at Rs. 14-12-0 per maund. At that rate a bag of crystal Sugar could not be sold at any rate higher than Rs. 41-5-0 whereas the applicant sold one bag at the rate of Rs. 54 and the other four bags at the rate of Rs. 57 per bag. This he did on 16th June 1942, four days after the order was made. The applicant in his defence denied knowledge of the promulgation of the order and also that he had sold the sugar at a rate considerably in excess of the rate fixed by the District Magistrate. Both the Courts below agreed in the finding that the applicant sold sugar at a price in excess of the maximum fixed. That is a pure finding of fact which is not open to question in revision and it has therefore not been rightly questioned on behalf of the applicant.