Raghubar Dayal, J. - (1.) Murlidhar Dalmiya is proprietor of firm Onkarnath Nandkishoro at Kanpur. His godown was searched on 4-6-1946 and there were found 133 pieces of cotton cambric cloth, each of 10 yards sewn in the shape of 'lehangas'. None of these pieces had any marking in compliance with the directions of Clause 10 or 10B, Government of India Cotton Cloth and Yarn Control Order, 1945. He was thereafter prosecuted and convicted under Rule 81 (4), Defence of India Rules, for breach of Clauses 13 (1) (c) and 18 (2), Government of India Cotton Cloth and Yarn Control Order, 1943, and Clause (4), U. P. Controlled Cotton Cloth and Yarn Dealers' Licensing Order, 1945 :
(2.) We may quote the various clauses for whose breach the applicant has been convicted, Clause 13 (1) (c) is : "Where the markings to be made and the time and manner of marking them in respect of any class or specification of cloth or yarn have been specified under Clauses 10 or 10B no person other than the manufacturer thereof shall have in his possession or under his control any such cloth or yarn which is not so marked, unless it be for bona fide personal requirements."
(3.) Clause 18 (2) is : "No dealer or other person not being a manufacturer shall, save with the permission of the Textile Commissioner, at any time hold stocks of cloth or yarn in excess of his normal requirements.";