N.Chandrasekhara Aiyar, J.

(1) THESE two criminal appeals are from convictions of the appellants by the High court at Calcutta. In the first case, leave to appeal to this court was granted by the High court under article 134(1)(c) of the Constitution of India. In the second case, special leave to appeal was granted by this court under article 136(1) of the Constitution. The appeals were heard together, but as they are by different parties and the facts are different, it is desirable to have two separate judgments.

(2) THE appellant, Joylal Agarwala, who was a salesman in a retail shop in Pulbazar in the district of Darjeeling in the State of West Bengal, was charged with having sold a piece of textile cloth at a price in excess of the controlled price. For this contravention of the provisions of clause 24 (1) of the Cotton Textiles Control Order, 1948, he was convicted by the Sub-Divisional Magistrate of Darjeeling under section 7 of the Essential Supplies (Temporary Powers) Act (Act 24) of 1946 (herein after referred to as the Essential Supplies Act), and sentenced to six months rigorous imprisonment. On appeal to the Sessions Judge, the appellant was acquitt