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1952 Supreme(Cal) 132

LAHIRI, GUHA, RENUPADA MUKHERJEE
MULCHAND KHATAR – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
ANIL KUMAR DAS GUPTA, Harideb Chatterjee, N.K.Sen, S.M.BOSE

GUHA, J.

( 1 ) IN the present case, the petitioner has been convicted under Section 7 (1), Essential Supplies Act, Act 24 of 1946 and sentenced to detention till the rising of the court and to pay a fine of Rs. 200/- in default, to rigorous imprisonment for four months. An order has also been passed for forfeiture of a part of the seized cloths.

( 2 ) VARIOUS points have been urged before us and there has been considerable argument before us in regard to the validity of certain orders and Notifications. Before I go into that question our conclusions regarding the facts of this case may be stated. Briefly, the prosecution case was that the petitioner contravened Clause 13 of the W. B. Cotton Cloth and Yarn Control Order, 1948, read with Notification No. DT/tx/52/50 dated 13-10-1950, which may be compendiously described as Notification 'c' for failure to produce certain papers and documents in support of the acquisition of cloths as per Ext. I and also contravened Clause 14, W. B. Cotton Cloth and Yarn Control Order, 1948, read with Notification No. 413/tx/p/sr/5/49 dated 1-9-1949 (compendiously described hereafter as Notification 'b') for failure to submit monthly return of stock



















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