| Citation(s) |
|---|
| 1961 SLG 1968 1961 SLD 1968 = 1961 PLD 126 |
Dacca High Court
Writ Petition No. 4 of 1959, decided on 20th February 1959.
Presented By: Ispahani and Sattar, JJ
A. K. M. Nurul Islam with Shahabuddin Ahmed for Petitioners. A. W. Chowdhury for
Respondent.
Writ Petition No. 4 of 1959, decided on 20th February 1959.
Presented By: Ispahani and Sattar, JJ
A. K. M. Nurul Islam with Shahabuddin Ahmed for Petitioners. A. W. Chowdhury for
Respondent.
SADEK ALI BISWAS AND ANOTHER-Petitioners
VERSUS
S. N. AHMED, SPECIAL MAGISTRATE (FOOD) RAJBARI, DISTRICT FARIDPUR-Respondent
Law:
Section:
(a) East Bengal Foodstuff Price Control and Anti-Hoarding Order, 1953---- ----- clause 7 (2)-Directions issued have no application to employees of traders-East Bengal Foodstuff Price Control and Antri-Hoarding Order, 1953, clause 2 (e)-Notification No. 8015 dated 10-9-56. In view of the definition of trader given in sub-clause (e) of clause 2 of the East Bengal Foodstuff Price Control and Anti -Hoarding Order, 1953, directions issued under sub-clause (2) of clause 7 of the Order have no application to persons who are only employees of traders. Kamaluddin and another v. The Chief Secretary and another Writ Petition No. 200 of 1958 and Jyotish Chandra Chowdhury v. Mr. S. Ahmed, Special Magistrate, First Class, Bogra and others Writ Petition No. 51 of 1958 (unreported) rel. (b) East Bengal Foodstuff`' Price Control Anti-Hoarding Order, 1953--- --- clause 5 (1) and clause 7 (2)-Absence of direction under clause 5 (I) not sufficient to exonerate ` trader ' of liability under cl. 7 (2)-Notification No. 8015 dated 10-9-56-East Pakistan Control of Essential Commodities Act (I of 1956), S. 6. JUDGMENT SATTAR, J.-The two petitioners were placed on their trial before Mr. S. N. Ahmed, Special Magistrate (Food), Rajbari for violation of clause 7 Sub-clause (2) of the East Bengal Foodstuff Price Control and Anti-Hoarding Order, 1953, read with Government Notification No. 8015-FD, dated the 20th September 1956. The learned Magistrate found both the petitioners guilty under section 6 of Act I of 1956, and convicted them. Petitioner Sadekali Biswas was sentenced to pay a fine of Rs. 2,000, in default, to undergo rigorous imprisonment for three months and petitioner Prangobinda Saha was sentenced to pay fine of Rs. 700, in default, to undergo rigorous imprisonment for three, months. The allegations against the petitioners are that Sadek Ali Biswas who is a trader inrice and paddy hoarded 2627 maunds 19 seers and 12 chhataks of rice for more than 7 days at a place and 351 maunds, 23 seers and 12 chhataks of rice for more than 20 days from the date of purchase in violation of Notification No. 8015-FD dated the 20th…