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1956 Supreme(All) 118

ROY, MEHROTRA
STATE – Appellant
Versus
SHEO PRASAD JAISWAL – Respondent


Advocates Appeared:
C.S. Saran, P.N. Singh

JUDGMENT

Mehrotra, J.

[1] These appeals have been filed on behalf of the State of Uttar Pradesh against the respondent Sheo Prasad Jaiswal, alleged to be the proprietor of the Hindustan Oil Mills, Vidyapith Road, Banaras against an order of the Sessions Judge of Banaras acquitting him of the charge under Section 7 read with Section 10, Essential Supplies (Temporary Powers) Act, 1946 for contravention of the conditions of the licence granted to the Hindustan Oil Mills, Banaras under the U.P. Oilseeds and Oilseeds Products' Control Order, 1945.

[2] The Magistrate convicted him under the aforesaid sections and sentenced him to pay a fine of RS. 5,000/- in each of these cases and in default of payment of fine to undergo rigorous imprisonment for three months. On appeal the conviction was set aside by the Sessions Judge.

[3] The prosecution case is that the Hindustan Oil Mills, Banaras holds a B Class licence. The respondent, Sheo Prasad Jaiswal is its sole proprietor and, according to the conditions of the licence, the firm was bound to maintain a register in English, Hindi and Urdu showing separately the transaction in each kind of oilseed or their products in which it was dealing specif














































































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