Judgment

Bose J.- This is a criminal appeal against a conviction under S. 16, Punjab Trade Employees Act, 1940 as amended in 1943 read with S. 7 (1)

2. The appellant is a shopkeeper who owns & runs a shop in the Cantonment Area of Ferozepore. He has no "employees" within the meaning of the Act but is assisted by his son in running the shop. The shop is divided into two sections. In one, artiCles of haberdashery are sold: in the other, artiCles of stationery.

3. S. 7 (1) of the Act as amended requires that -"Save is otherwise provided by this Act, every shop. . . . shall remain Closed on a Close day." Sub--s. 2 (i) states that- "The choice of a Close day shall rest with the owner or occupier of a shop.. . . . & shall be intimated to the prescribed authority within etc."

4. The Appellant made the following choice. He elected to Close the haberdashery section on Mondays & the stationery section on Saturdays & gave the necessary intimation to the prescribed authority to that effect.

5. On Monday, the 17-5-1948, the appellant s son sold a tin of boot polish to a customer from the haberdashery section of the shop. The appellant was present in person it the time of the sale. Monday was a