( 1 ) THIS is an appeal by the State Government against an order of acquittal by a Magistrate of the first class of Azamgarh in a case under Section 7, Essential Supplies (Temporary Powers) Act xxiv [24] of 1946 for breach of Clause 3, Government of India, Cotton Textiles (Control of movement) Order, 1946. Originally six persons in all were prosecuted. The present appeal is only against the acquittal of three of them, namely, Sagar Mal, Mul Chand and Girdhar Gopal, opposite parties. It may be mentioned that Mul Chand is the brother and Girdhar Gopal the son of Sagar Mal.

( 2 ) THE prosecution story was briefly this. There is a firm jiwan Ram Sagar Mal at Mau in the district of Azamgarh. The opposite parties are the proprietors of that firm. The firm deals in cotton cloth on commission agency basis. It obtained a permit from the Provincial Textile controller, United Provinces on 1-5-1947 for exporting two bales of handloom cloth, each bale containing 1500 yards from Mau to Delhi. The prosecution case is that one Madan Mohan of amritsar wanted to send cloth to Delhi from Mau. He, therefore, came to Mau and got into touch with Dwarika Das who has also a firm of commission