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CHATURVEDI, NEVASKAR
State – Appellant
Versus
Mithalal – Respondent
NEVASKAR, J.
Accused Chhotelal, Munim of accused Mithalal, proprietor of Messrs Pratap Stores on 20-6-1950 was alleged to have sold 7 yards of cotton cloth of the variety known as long Cloth to Balwansingh who was a bogus purchaser at the rate of Rs. 1-12-0 when the control price was Rs. 1-6-9. In the cash memo issued from the shop, it is said, the details as required by Cl. 18, Madhya Bharat Cloth and Yarn Dealers Licensing Order, 1948 were not mentioned. The shop was raided as soon as the trap was successful. From the cash-box of the shop were recovered marked currency notes given by the bogus purchaser Balwantsingh to accused Chhotelal. Cloth was seized from the possession of Balwantsingh. Punchanama was made by the Textile Inspector attached to the office of the Department of Civil Supplies.
2. On these facts, the accused were prosecuted and on a finding by the Additional District Magistrate that the facts alleged by the prosecution were proved they were convicted. Each of them was sentenced to pay a fine of Rs. 750 for the contravention of Cl. 15(1) of the Textile Control Order, 1948 and Rs. 250 for the contravention of Clause 18 of the Madhya Bharat Cotton Cloth and
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