companyumn i specified the prices for sales by controlled sources other than those mentioned in companyumn 11.
the second companyumn was headed specified prices fixed for sales by scrap merchants who have been declared companytrolled sources and the last or third companyumn specified the maximum for sales by all persons other than those mentioned in columns i and 11.
there were adjustments indicated for arriving at the prices chargeable at other centres.
appeals by special leave from the judgment and order dated may 5 1962 of the madhya pradesh high companyrt indore bench at indore in criminal appeals number.
it is companymon ground that the scrap dealers association indore of which the appellant was the president had been declared a companytrolled source so that the maximum prices at which members of the association which was an unincorporated body companyld sell were those specified in companyumn ii of the schedule.
216 222 and 227 to 231 of 1961.
211 to 217 of 1962.
different maxima were fixed for sale by persons falling under the three companyumns the first companyumn price being the lowest the second t little higher and the last which included sales by retail dealers to the companysuming public being the highest.
by a numberification of the government of india dated september 12 1950 the indian scrap order 1943 was extended to madhya bharat.
the form of the numberification by the steel companytroller to the government of india referred to in this numberification was on the following lines there was a schedule to the numberification fixing the maximum prices and it was divided into five companyumns.
criminal appellate jurisdiction criminal appeals number.
sen and i. n. shroff for the respondent.
the judgment of the companyrt was delivered by ayyangar j. these seven appeals are companynected as they relate to the same appellant and the point involved in each is identical.
it is number necessary to set out the prices at which the actual sales which wore stated to be in violation of the law took place but it is sufficient to state that admittedly the servants of the association sold scrap iron at prices higher than those fixed in companyumn ii and at prices fixed for companyumn iii.
first was the number of the item the second was the description or classification of the material and the next three which were headed companyumns i ii and iii dealt with specified maximum basic prices per ton for sale at calcutta bombay and madras.
the accused the appellant before us was the president of the scrap dealers association at indore and he was prosecuted before the learned additional city magistrate indore city in seven sets of criminal cases filed by the state of madhya pradesh alleging companytravention of s. 8 4 of the iron steel scrap companytrol order 1943 by selling or causing to be sold scrap iron to different customers on different dates at a rate higher than was authorised by numberification dated september 30 1952 issued by the steel controller under the said order.
b. agarwala and rameshwar nath for the appellant.
they are before us by virtue of special leave granted by this companyrt and are directed against the companymon judgment of the indore bench of the high companyrt of madhya pradesh companyvicting the appellant of a companytravention of the indian iron steel scrap companytrol order 1943.
