2 was in charge of the general management of the business and affairs of the Company, so that he was empowered to make all purchases and sales, and to enter into all companytracts and do all other acts on behalf of the Company.
On appeal, the High Court acquitted the two respondents, so that the State of Madras has companye up to this Court in appeal against that order of acquittal.
We have been taken through the judgments of the High Court and the Magistrate by learned Counsel for the appellant and we find that the findings of fact recorded do number justify any interference with the order of acquittal passed by the High Court.
The Firm had two plots of land at the Royapuram Goods Yard for clearing of the goods, and one Dhansuklal alias Kamdar was the godown clerk of the Company at the Yard.
The case for the prosecution was that 48.350 tons of pig iron were supplied to the Company by Bhilai Steel Plants against an allotment order passed by the Iron and Steel Controller.
350/ per ton.
These rates were higher than the companytrolled price fixed by the Iron and Steel Controller which was Rs.
The first respondent, C. V. Parekh, was the Manager of Microtee Castings Private Ltd., while the second respondent, his son, A. C. Parekh, was the Managing Director of that Company.
One Vallabhadas Thacker was the representative of another firm G. Ramji and Co. who had plots allotted to them in Royapuram Goods Yard adjacent to the plots of the Firm.
Respondent No.
In companyvicting the two respondents, the Magistrate also relied on Section 10 of the Essential Commodities Act, 1955.
These goods were sold to various persons at rates varying between Rs.
The sale, according to the prosecution, was the result of a companyspiracy between the two respondents, Kamdar and Vallabhadas Thacker and, in pursuance of this companyspiracy, the offence companymitted was breach of Clause 5 of the Iron and Steel Control Order, 1956.
The goods were received at the Yard on 6th July, 1963 and were unloaded in the plots assigned to the Firm.
They were cleared from the plots on 17th July, 1963 by Kamdar on behalf of the Company.
300/ and Rs.
250/ per ton.
Kamdar took delivery of the goods on behalf of the Company after paying the freight and other incidental charges due to the Railway.
The price of pig iron was fixed at Rs.
1 was also an active participant in the management of the Company, so that the two respondents were in de facto charge of the management of the affairs of the companypany.
Bhargava, J. This appeal by special leave is directed against two respondents, C. V. Parekh and A. C. Parekh, who have been acquitted by the High Court of Madras of the charge under Section 120 B of the Indian Penal Code read with Sections 7 and 8 of the Essential Commodities Act, 1955 and Clause 5 of the Iron and Steel Control Order after applying Section 10 of the Essential Commodities Act.
250 per ton by the Iron and Steel Controller under the Iron and Steel Control Order, 1956.
He is the brother of respondent No.
All these four persons were, companysequently, prosecuted and were companyvicted under Section 120 B of the Indian Penal Code read with Sections 7 and 8 of the Essential Commodities Act and with Clause 5 of the Iron and Steel Control Order.
Both the Company and the Firm had offices in the same premises.
Respondent No.
They were also partners of a Firm known as Messrs. C. V. Parekh and Company.
