Lord Du Parcq:-

The appellants were convicted on 4-11-1943 by the Deputy Magistrate of Darbhanga, under the Defence of India Rules relating to the control of prices and were sentenced to terms of imprisonment. The Sessions Judge confirmed the convictions and the sentences. Applications to the High Court of Patna for the revision of the judgment of the Sessions Judge were dismissed. The appellants obtained special leave to appeal from the judgment of the High Court to His Majesty in Council.

[2] Srinivas Mall Bairoliya (hereafter called appellant 1) was at the material time acting as Salt Agent for part of the district of Darbhanga. He had been appointed to this office in October, 1942, by the District Magistrate. It was his duty to sell to licensed retail dealers the supplies of salt which were allocated by the central Government to his part of the Darbhanga District. Sitaram Prasad, who will be referred to hereafter as appellant 2, was employed by appellant 1, who had entrusted him with the duty of allotting the appropriate quantity of salt to each retail dealer, and noting on the buyer's licence the quantity which he had bought and received.

[3] The proper performance of these dutie