M.MADHAVAN NAIR
CHANDRASEKHARAN – Appellant
Versus
STATE – Respondent
1. This petition is for revision of conviction and sentence imposed by the District Magistrate, Kozhikode, on the petitioner who was the 2nd accused in a case under S.7 of the Essential Commodities Act, 1955. The act alleged against the two accused in the case is that at 10 a. m. on September 10, 1964, they sold to P. W. 3, four litres of Andhra Coarse Rice at 68p. per litre, while the maximum price fixed by law for the commodity was only 60p. per litre. The 1st accused is the salesman who measured the rice to P. W. 3; and the 2nd accused is the accountant of the shop who made the bill therefor. The 1st accused has been acquitted by the District Magistrate; and the 2nd accused has been convicted and sentenced to fine of Rs. 500/- with simple Imprisonment for four months in default. Hence this motion for revision by the 2nd accused,
2. Counsel for the petitioner points out that no notification fixing the maximum price for the commodity is in proof in this case. True it is that black-marketing is a highly anti-social conduct that deserves severe punishment by Courts; but that is no reason to overlook the standard of proof in criminal trials. In Salekh Chand v. The State of
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