Judgment

IMAM, J. : The Appellants Salekh Chand and Baboo Ram were convicted under S. 7 of the Essential Supplies (Temporary Powers) Act 1946, read with S. 9 of the U. P. Cement Control Order, 1953. They were sentenced to 6 months rigorous imprisonment and a fine of Rs. 500/- each, or in default to suffer further rigorous imprisonment for 6 months. They appealed against their conviction and sentence but the Sessions Judge of Meerut dismissed the appeal, and the application in revision to the Allahabad High Court was also dismissed summarily.

2. There can be no question on the facts proved that in the month of June, 1954, the appellants sold 129 bags of cement at Rs. 9/14/- per bag to one Khazan. The only question which fell to be decided was whether the sale of these 129 bags of cement at Rs. 9/14/- per bag was beyond the controlled price of cement, and if so sold, the appellants were guilty under S. 7 of the Essential Supplies (Temporary Powers) Act, 1946. In order to ascertain whether the price of Rs. 9/14/- per bag was beyond the controlled rate of cement, there ought to have been on the record legal evidence as to what was the controlled price of a bag of cement fixed under S. 6