RANDHIR SINGH, J. - (1.) THIS is a reference by the Sessions Judge of Lucknow recommending that the conviction of Inder Chand under Section 7, Essential Supplies Act for infringement of clauses 25 and 26, U. P. Foodgrains Rationing Order. 1949. and the sentence of fine of Rs. 75/ - be set aside.
(2.) IT appears that Inder Chand was the Manager of Consumers Co -operative Society shop in Mansoornagar. This Co -operative society held a licence as an authorised retail dealer and used to sell rations to card holders. On 4.12.1951, an Inspector of the Rationing Department inspected the shop and found certain irregularities. He found that rations had been given to some persons and not entered on the cards and also that certain rations entered on the cards were not given to the card holders. He also found that the accounts had not been kept correctly. Inder Chand and Lalta Prasad were prosecuted for breach of pertain provision of the U. P. Foodgrains Rationing Order. 1949, under Sections 7 and 8 Essential Supplies (Temporary Powers) Act.
(3.) THE defence of the accused was that he was not present in Lucknow on 4.12.1951, and as such had no knowledge of what was done by Ram Sarup who was in charge of the shop at Mansoornagar. Lalta Prasad pleaded ignorance of the affairs, as he was only a weigh -man at the shop. The learned Magistrate came to the conclusion that Inder Chand being the Manager of the Consumers Co -operative Society shop could not be absolved of his liability for any acts of commission or omission and as he did not exercise due diligence to prevent the contravention of the provisions of the order, he was liable for punishment in view of the provisions of Section 9, Essential Supplies Act. Lalta Prasad was acquitted by the Magistrate. Inder Chand then went in revision to the Sessions Judge. It was contended before him that the U. P. Foodgrains Order, 1949, had been withdrawn by the time when the case came up for hearing before the Magistrate and as such any conviction for a breach of this Order on that date was incompetent and invalid. The Sessions Judge agreed with this contention and has made the reference which is before me.;