- (1.) The two petitioners have been convicted under Rule 81 (4), Defence of India Rules, for having contravened the provisions of para. 18 (1) and (2), Cotton Cloth and Yam Control Order, 1945 and each of them was sentenced to pay a fine of Rs. 80 in default to suffer rigorous imprisonment for two months. From this order of conviction and sentence an appeal was taken to the Sessions Judge who dismissed the appeal. Thereafter they obtained the present Rule.
(2.) The facts are very simple. The case for the prosecution is that these two persons were walking along the embankment of the Hooghly river when they were challenged by the local people. It was at about 9 O'clock at night. Each of the petitioners had a bag and in the bag of the petitioner Khan Mahammad were found 9 pieces of mill-made dhoties and 3 yards of mill-made shirting and in the bag of the petitioner Sk. Amanat were found 6 mill-made saris and 4 pieces of mill-made dhoties. The Preventive Officer lodged a first information charging the petitioners with having contravened the provisions of Para. 4, Bengal Cotton Cloth and Yarn Control Order, 1945. The petitioners were tried for that offence. After some time that case was withdrawn as it was found that para. 4 had no application to the facts of the case because it dealt with the purchase, sale or storage of cloth without a licence or in contravention of the terms of a licence.
(3.) About two months after the two petitioners were again sent up for trial on the same facts this time for having contravened the provisions of para. 18 (2), Cotton Cloth and Yarn Control Order 1945. That paragraph is in the following terms : "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." It has been held by the Court below that the petitioners were holding cloth in excess of their normal requirements without permission of the Textile Commissioner and on this basis they were convicted.;