SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS, WEST BENGAL Vs. PROHLAD AGARWALLA

JUDGEMENT

(1.) THE respondent was tried by a Magistrate under Section 7 of the Essential Commodities Act, convicted and sentenced to a fine of Rs. 51, In default to rigorous imprisonment for three weeks. The respondent thereafter made an appeal and the Sessions Judge set aside the conviction and sentence and acquitted the respondent. Thereafter the State Government has filed this appeal against this order of acquittal.

(2.) THE prosecution case was as follows:

(3.) ON this allegation the respondent was charged under Section 7 of the Essential Commodities Act for having contravened paragraphs 15 and 27 (4) of the Iron and Steel (Control) Order, 1956. The learned Magistrate found that the respondent did not charge a rate in excess of the controlled rate but he held that the respondent did not mention the weight of the G. C. sheets in the cash memo which he was required to do under notification No. S. R. O. 1111/ESS. Comm. Iron and Steel and on this finding the learned Magistrate convicted the respondent under Section 7 of the Essential Commodities Act. The learned Sessions Judge set aside this conviction primarily on the ground that there was want of mens rea in what the respondent did, namely, in not mentioning the weight of the G. C. sheets in the cash memo.