Sir John Beaumont.-

This is an appeal by special leave from the judgment and order of the High Court of Judicature at Bombay dated 5th September, 1946, setting aside the acquittal of the appellant of an offence under clause 18(2) of the Cotton Cloth and Yarn (Control) Order, 1943, by the judgment and order of the City Magistrate of Sholapur and sentencing the appellant to undergo rigorous imprisonment for one month and to pay a fine of Rs. 1,550.

The facts giving rise to the prosecution of the appellant were stated in a written report made by Mr. Mulik, Sub-Inspector of Police, Food Control, Sholapur, to the Sub-Inspector of Police, Sholapur, on 24th January, 1945. The report which is Ex. No. I "L" was in the following terms;

"I, Raghunath Santaji Mulik, Sub-Inspector of Police, Food Control, Sholapur, give in writing as follows:-

Having got information that there were cloth without ‘Textile’ mark and grain hoarded in the bungalow situate at Motibag belonging to the Old Mill at Sholapur, Mr. Yasin Ansar Bhai, the Inspector of Police, took search of the said bungalow on the date the 4th August, 1944; but as it drew dark the search of the outhouse pertaining to the said bungalow remained

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