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1950 Supreme(All) 174

WALI ULLAH, SANKAR SARAN, DESAI
RAM KISHAN – Appellant
Versus
STATE – Respondent


Advocates Appeared:
K.L.MISHRA, SHANTI BHUSHAN

WALI ULLAH, J.

( 1 ) THE appct. , Ram Kishan, has come up in revision to this Ct. against the order of the learned ses. J. by which his conviction under Section 6, U. P. Control of Supplies (Temporary Powers)Act, Act II [2] of 1947, hereinafter called the Supplies Act, has been affirmed. He has been sentenced to a fine of Rs. 200/- or, in default, to undergo R. I. for two months.

( 2 ) IT appears that on 17-6-1947, the Dist. Mag. of Bijnor, under the delegated authority of the provincial Govt. , passed an Order (Ex. P. 7) under Section 3 (e) of the Supplies Act controlling the rate for hiring out Kolhus. It provided that a Kolhu 8" x 11" might be hired out for Rs. 86/only for the whole sugarcane crushing season. Para. 3 of the Order provided that it would have retrospective effect from 2-12-1946. Lastly, it provided for punishment for a contravention of its provisions and added that the Ct. trying any offence against that Order might also direct that any stock in respect of which the Order had been contravened be forfeited to Govt. On 3-12-1947, the appct. who is the Munib of a firm known as Bhannamal Gulzari Lal hired out a kolhu 8" x 11" to one Natthu Singh for RS. 145/- when the

























































































































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