Abdul Majid vs Emperor - 1945 Supreme(Lah) 5

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1945 Supreme(Lah) 5

HARRIES
Abdul Majid – Appellant
Versus
Emperor – Respondent

JUDGMENT

Harries, J. - On 25th September 1943 the petitioner Abdul Majid, purchased from one Sant Singh of Chichawatni 108 tins of kerosene oil and 24 tins of diesel oil for lis. 1404, the purchase being at the rate of lis. 11 per tin for kerosene oil and Rs. 9 per tin for diesel oil. Later Sant Singh was prosecuted for an offence under Rule 81, Sub-rule (4), Defence of India Rules. It was alleged against him that he had sold kerosene oil at a price higher than that fixed by an order under Rule 81(4), Defence of India Rules. The main witness for the prosecution was the present petitioner who proved the purchase at the rates which I have stated. Sant Singh was convicted and his conviction was ultimately upheld in this Court. The learned Magistrate, who tried the case, also passed an order confiscating the oil which had been purchased by the petitioner Abdul Majid. The petitioner applied in revision to the learned Sessions Judge, Montgomery, bat the latter declined to interfere. He then preferred the present petition which came before a learned single Judge. The learned Judge was of opinion that the point involved in this case was one of difficulty and importance and referred it for d

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