BALAKRISHNAIYA, J.

( 1 ) THIS is an appeal by the State of Mysore under Section 417, Criminal P. C. against the judgment in C. C. no. 749 of 49. 50 of the Special First Class Mag. of nanjangud. The reap, was prosecuted for an offence under Rule 81 4), Defence of India Rules read with Clause (19) of the Articles of Food Acquisition (Harvest) order, 1949, for having un-authorteedly sold foodgrains.

( 2 ) THE possession and sale of 'save' is the food-grain concerned in the offence. The Mag on evidence, found that the accused sold 'save' and in addition, bad in his possession 600 seers of the commodity in two gunny bags kept for sale in the shop and 10 bags of 'save' were found to have been stored inside the house attached to the shop which was seized by the Police. The accused pleaded that he has not committed any offence either by possession or by sale of 'save'. 'save' is not one of the food-grains mentioned in the Harvest Order of 1949 as it stood on 26-1-1950; but it was introduced therein by an order made by the provincial Govt. in the exercise of their powers under Rules 75 and 81, Defence of india Rules by a notfn. dated 31-1-1950. The learned Mag. held that this notfn. was i

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