Judgement

Appeal (No. 99 of 1946), by special leave, from a judgment and order of the High Court (September 5, 1946) setting aside the acquittal of the appellant of an offence under cl. 18, sub-cl. 2, of the Cotton Cloth and Yarn (Control) Order, 1943, by the judgment and order of the City Magistrate of Sholapur (August 21, 1945), and sentencing the appellant to undergo rigorous imprisonment for one month and to pay a fine of Rs. 1550.

The following facts are taken from the judgment of the Judicial Committee. The facts giving rise to the prosecution of the appellant were stated in a written report made by Mr. Mulik, Sub-Inspector of Police, Food Control, Sholapur, to the Sub-Inspector of Police, Sholapur, on January 24, 1945. The report was in the following terms " I, Raghunath Santaji " Mulik, Sub-Inspector of Police, Food Control, Sholapur, "give in writing as follows Having got information that " there were cloth without Textile mark and grain hoarded "in the bungalow situate at Motibag belonging to the Old "Mill at Sholapur, Mr. Yasin Ansar Bhai, the Inspector of " Police, took search of the said bungalow on the date the "4th August 1944 ; but as it drew dark, the search of the