LAHIRI, J. - (1.) THE appellant Subal Chandra Kundu is the owner of an establishment, named National Milk Company, at premises No. 1/9 Nilmony Mitra Row, and used to carry on the business of manufacture of condensed milk. After the introduction of sugar control in October 1949, the appellant was granted an establishment sugar permit for 3 mds. 12 srs. of sugar per week for the manufacture of condensed milk only. It is alleged that prior to the introduction of sugar control in 1949 the appellant also used to manufacture lozenges, sugar candy and toffees. In 1950 the appellant filed several applications to the Central as well as to the State Government for allotment of an additional quantity of sugar for the manufacture of sugar candy, lozenges etc. but his applications were rejected.
(2.) ON 9 -9 -1950 an Area Inspector of the Civil Supplies Department, named S. Mukherjee, inspected a lozenge manufacturing factory, named Oriental Confectionary, where the appellant was employed as the manager and asked the appellant to accompany him to the appellant's condensed milk factory. The appellant expressed his inability to comply with the request on the ground that it was not possible for him to remove himself from the lozenge factory leaving the charge to the workers. On 11 -9 -1950, the said area Inspector visited the appellant's condensed milk factory and made a note in the Daily Consumption Register which runs as follows: 'Stock of sugar could not be weighed. Found one full bag and two bags loose, - - the total approximating 5 mds. 4 srs. Also found 44 tins of condensed milk (14 oz. each). Printed cash memos are not issued for sale of products. Found 'Kundas' in the Factory and one log of round solid wood. Account upto 6 -9 -50 i. e. in arrears for 4 days.'
(3.) ON 23 -10 -1950 when the appellant went to purchase the sugar, allotted by his permit, he was informed that his permit had been suspended.;