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Structured Summary of the Legal Opinion

Factual and Procedural Background

On 13 June 1945, Assistant Inspectors of Civil Supplies Md. Shirajuddin and N.C. Kabir, accompanied by U.K. Pal, visited a shop where three persons—Santosh Das Gupta, Bistodas Mukherjee and Ram Krishna Ghose—were working. The Inspectors asked for gramophone needles (H.M.V or other makes), gramophone springs and H.M.V sound boxes. Santosh Das Gupta and Bistodas Mukherjee, who were at one counter, replied they had only gramophone records for sale. At another counter Ram Krishna Ghose replied there were no battery radio sets for sale. The Inspectors produced identity cards and searched the shop; they found a considerable supply of gramophone needles, springs and sound boxes but no battery radio set.

Santosh Das Gupta and Bistodas Mukherjee were charged under section 13 of Ordinance XXXV of 1943 with refusing to sell needles and sound boxes in contravention of section 9 of the Ordinance; Ram Krishna Ghose was charged under the same provision with refusing to sell a battery radio set. Ram Krishna Ghose was acquitted. Santosh Das Gupta and Bistodas Mukherjee were convicted and each sentenced to pay a fine of Rs. 200, and in default to undergo rigorous imprisonment for two months.

A Rule was issued on the Chief Presidency Magistrate of Calcutta to show cause why the convictions and sentences under section 13 of Ordinance XXXV of 1943 should not be set aside. The material facts were not disputed.

Legal Issues Presented

  1. Whether the accused's refusal to sell an H.M.V sound box was authorised under section 9 of Ordinance XXXV of 1943 and related Gazette notification (i.e., whether the refusal to sell the sound box amounted to a contravention of section 9).
  2. Whether the accused persons had "sufficient cause" within the meaning of section 9 of the Ordinance for refusing to sell gramophone needles.
  3. Whether the convictions and sentences imposed on Santosh Das Gupta and Bistodas Mukherjee under section 13 should be set aside on the basis that the refusals were authorised or that sufficient cause existed.

Arguments of the Parties

Appellants' (Accused) Arguments

  • The prosecution evidence, when examined, shows that the accused had sufficient cause for refusing to sell gramophone needles and sound boxes.
  • Reliance was placed on Gazette Notification No. 1/2(109)/44-CG(CS) (22 September 1944, Gazette of India) which, inter alia, authorised certain refusals to sell spare parts unless conditions (such as return of a used part) were met; clause (c) authorised a retail dealer to refuse to sell a spare part unless the intending purchaser returns the spare part being replaced.
  • The defence produced printed notices from gramophone companies and a letter (No. D/II-14 dated 2 June 1945) from the Assistant Controller General of Civil Supplies stating that dealers are authorised to refuse to sell under section 9 if they are satisfied the customer is not a genuine one; these documents were relied on to show that the accused reasonably believed the purchasers were not bona fide and therefore had sufficient cause to refuse sale.
  • The accused pointed to a shop notice indicating a daily allotment (ten packets/boxes) for sale and cash memos indicating that the daily allotment had already been sold, supporting a contention that the dealers had rationed legitimately and had sufficient cause to refuse further sales that day.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court proceeded in steps, applying the text of the Ordinance and the contemporaneous administrative documents relied upon by the defence to the undisputed facts.

  1. Sound box refusal:
    • The Court examined clause (c) of Gazette Notification No. 1/2(109)/44-CG(CS) (22 September 1944), which authorised a retail dealer to refuse to sell a spare part of a gramophone unless the intending purchaser returns the spare part in replacement.
    • The Court noted there was no requirement in the clause that the dealer must first request return of the old part — both dealer and customer were presumed to know the rule.
    • Md. Shirajuddin (the Assistant Inspector) admitted he did not bring or return any used sound box or used needles when making the purchase request.
    • Conclusion: The accused were "previously authorised by the Controller" to refuse to sell an H.M.V sound box under the notification-reading of section 9, so the refusal to sell a sound box did not contravene section 9; the conviction relating to the sound box could not be sustained.
  2. Needles refusal and "sufficient cause":
    • The Court acknowledged the accused plainly refused to sell needles and had not, at the time, explained reasons such as exhaustion of daily quota or lack of bona fides of purchasers; they simply stated they had no needles for sale.
    • The Court emphasised the legal position (as stated in the opinion): the burden of proving "sufficient cause" rests on the accused, but failure to give an on-the-spot explanation is not by itself decisive against them. A shopkeeper with sufficient cause may legitimately say he is out of stock rather than explain the cause to a customer.
    • The defence produced printed notices from The Gramophone Company, Ltd., The Columbia Gramophone Company, Ltd., The Twin Record Company, Ltd., and a letter (No. D/II-14 dated 2 June 1945) from the Assistant Controller General of Civil Supplies to the Secretary, Bengal National Chamber of Commerce. That letter expressly authorised dealers to refuse to sell under section 9 if satisfied the customer is not a genuine one and disapproved of regulating needle sales proportionally to record sales.
    • The Court found that the uniform content of the printed notices justified dealers in assuming they had official sanction (or at least that following them was safe), and that those notices provided guidance on who counted as a "bona fide customer" (e.g., regular record purchasers, persons known to possess gramophones and records, persons who buy records then ask for needles).
    • Applying those instructions to the facts, the Court concluded the Inspectors' conduct (demanding any kind of needle or spring and asking for a sound box without returning one) and the circumstances of their visit were such as to support a reasonable belief by the accused that the Inspectors were not bona fide purchasers (and indeed were acting as test purchasers).
    • Additionally, a shop notice exhibited (Ex. B) showed a daily allotment (“Ten packets and boxes allotted for Daily Sale”), and seized cash memos indicated that honest sales amounted to slightly in excess of that allotment on the day in question—supporting that the accused had already made honest sales up to their daily quota.
    • Considering both the reasonable belief about purchaser bona fides and the apparent exhaustion of the daily allotment, the Court was satisfied the accused had sufficient cause to refuse sale of needles and therefore their refusal did not contravene section 9.
  3. Resulting view:
    • Because the refusal to sell the sound box was authorised by the Controller's notification and because the refusal to sell needles was supported by sufficient cause (as found by the Court), the convictions for refusal to sell under section 9 (as charged under section 13) could not be sustained.

Holding and Implications

Holding: The Rule was made absolute. The convictions and sentences of Santosh Das Gupta and Bistudas Mukherjee under section 13 of Ordinance XXXV of 1943 were set aside and both were acquitted. Any fines paid were ordered to be refunded.

Implications:

  • Direct effect: The two convicted persons were acquitted and ordered to receive refunds of fines paid.
  • Broader implications: The opinion rests its decision on statutory provision (section 9), the administrative Gazette notification and contemporaneous administrative correspondence and trade notices; the opinion does not purport to establish a new legal precedent beyond application of those materials to the facts. (The opinion itself does not discuss any broader precedent-setting effect.)

    Santosh Das Gupta And Anr. v. King-Emperor Opposite Party.

    1. This Rule was issued on the Chief Presidency Magistrate of Calcutta to show cause why conviction and sentences under sec. 13 of Ordinance XXXV of 1943 should not be set aside.

    2. The material facts are not disputed.

    3. On the 13th June, 1945, Md. Shirajuddin, and N.C Kabir, Assistant Inspectors of Civil Supplies accompanied by U.K Pal, went to the shop where the three accused, Santosh Das Gupta, Bistodas Mukherjee and Ram Krishna Ghose, were working. They asked for gramophone needles of H.M.V or any other make, for gramophone springs and for H.M.V sound boxes. Accused Santosh Das Gupta and accused Bistudas Mukherjee were at the same counter. They replied that they had nothing but gramophone records for sale. The Assistant Inspectors went to another counter and asked whether there was a battery-radio set of any make for sale. Accused Ram Krishna Ghose replied that there were no radio sets for sale.

    4. The Assistant Inspectors produced their identity cards and then searched the shop. A considerable supply of gramophone needles, springs and sound boxes was found on search, but no battery radio set.

    5. Santosh Das Gupta and Bistudas Mukherjee were charged under sec. 13 of Ordinance XXXV of 1943 with refusing to sell needles and sound boxes in contravention of sec. 9 of that Ordinance; and Ram Krishna Ghose was charged under the same section with refusing to sell a battery radio set.

    6. Ram Krishna Ghose was acquitted. Santosh Das Gupta and Bistudas Mukherjee were convicted and sentenced each to pay a fine of Rs. 200 and in default to undergo rigorous imprisonment for two months.

    7. On behalf of the two convicted persons, it has been argued that the prosecution evidence proves that they had sufficient cause for refusing to sell gramophone needles and sound boxes. Sec. 9 of Ordinance XXXV of 1943 reads as follows.

    “9. Refusal to sell—No dealer or producer shall, unless, previously authorised to do so by the Controller General or other Officer empowered in this behalf by the Central or the Provincial Government, without sufficient cause refuse to sell to any person any article within the limits as to quantity imposed by this Ordinance.”

    8. Mr. Talukdar for the Petitioners drew my attention to Gazette Notification No. 1/2(109)/44-CG(CS) dated Bombay, the 22nd September, 1944, which appeared in the Gazette of India, October 7th, 1944.

    9. The Notification reads:

    “In pursuance of sec. 9 of the Hoarding and Profiteering Prevention Ordinance, 1943 (Ordinance No. XXXV of 1943) I hereby authorise:—

    (a) any accredited distributor of, or authorised dealer in gramophone main springs, sound boxes and spare parts oif a particular [make to refuse to sell any spare parts of that make if—

    (i) the spare parts are required otherwise than for servicing a gramophone of that make or

    (ii) the intending purchaser does not, on a request being made in that behalf, furnish correct information as to the model for servicing whereof the spare parts are required, and the name of the owner thereof;

    (b) any accredited distributor of gramophone of a particular make to refuse to sell spare parts of that make to a person other than an authorised dealer therein or a dealer approved in this behalf by the Controller-General of Civil Supplies;

    (c) any retail dealer to refuse to sell spare part of a gramophone unless the intending purchaser returns the spare part in replacement whereof he wishes to purchase the new part.”

    10. Cl. (c) above authorises a retail dealer, to refuse to sell a spare part of a gramophone unless the intending purchaser returns a used spare part in its place.

    11. It should be noted that there is no provision in this clause to the effect that the dealer shall request the customer to return the old spare part. Both customer and dealer are presumed to know the rule.

    12. Md. Shirajuddin admits that he did not take any used sound box or used needles with him.

    13. It is clear therefore that, in the words of sec. 9 of the Ordinance, the accused persons were previously authorised by the Controller to refuse to sell an H.M.V sound box in the circumstances and that therefore their refusal was not a contravention of sec. 9 of the Ordinance. The conviction cannot therefore be sustained in so far as it concerned the refusal to sell a sound box.

    14. It remains to be considered whether the accused persons refused to sell needles “without sufficient cause.”

    15. There can be no doubt that they refused to sell. They did not explain their refusal on any-such ground as that they had exhausted their daily quota, or that the purchasers were not shown to be bona fide purchasers. They merely stated that they had no needles for sale.

    16. In my opinion, the fact that they gave no explanation is not in itself sufficient to show that they refused without sufficient cause. It is true that the burden of showing that they had sufficient cause was on the accused persons; it is equally true that failure to give any cause to the intending purchaser is a circumstance which may properly be taken into consideration by the Court in considering whether a cause subsequently put forward as the cause for refusing was indeed the true cause; but it is obvious that a shop-keeper who has in fact sufficient cause for refusing to sell, can scarcely be blamed for stating to an intending customer that he is out of stock. If the shop-keeper states that he has a stock but will not sell because he has exhausted his daily quota or for some other sufficient cause, he is likely to antagonise a customer and render his own position difficult. I am not aware of any law that compels him to tell the truth to his own detriment, if indeed he has a sufficient cause for refusing to sell.

    17. The defence produced a number of printed notices issued by such companies as The Gramophone Company, Ltd., The Columbia Gramophone Company, Ltd., and The Twin Record Company, Ltd., and also a letter No. D/II-14 dated 2nd June, 1945, from the Assistant Controller General of Civil Supplies addressed to the Secretary, Bengal National Chamber of Commerce.

    18. This letter reads:

    “Sub: Sale of Gramophone needles.

    I am directed to acknowledge receipt of your letter No. G.I/1A/4/1701 dated the 4th April, 1945, and to say that gramophone dealers cannot be permitted to regulate their sales of needles on the basis of and in proportion to the purchase of records as the use of gramophone needles in a household seldom bears any relation to the purchase of records. The dealers are however authorised to refuse to sell under sec. 9 of the Hoarding and Profiteering Prevention Ordinance, 1943, if they are satisfied that the customer is not a genuine one.

    For Asst. Controller General of Civil Supplies.”

    19. Each of the printed notices referred to above contains the following paragraph under head “General Information and Instructions.”

    “2. The basis of rationing of stocks of needles to dealers and to the trade in general as at the present in practice has been approved by the Assistant Controller General olf Civil Supplies in his letter, dated November 8, 1944, Referenee No. Ord. 1/28/43.CG (CS)

    Note Carefully.—

    (a) You must sell, say one packet of long playing or one tin, of steel needles to any bona fide customer who enters your shop and demands them tout you are permitted to use a reasonable quantity of the supplies which you receive from us for use in demonstrating records to customers.

    (b) You must not insist upon customers buying records as a condition of the Bale of needles,

    (c) while the expression ‘bona fide customer’ is elastic in its meaning the following notes may serve you as a guide:—

    (i) all persons regularly buying records from you are bona fide.

    (ii) all persons known to possess and own gramophones and records are bona fide.

    (iii) all persons who enter your shop and purchase records and then desire to buy needles are bona fide.

    (iv) while the situation is delicate one feels that you are at liberty to question the bona fides of a customer who comes in regularly for needles and is not known by you to be a record purchaser.”

    20. The letter of the Assistant Controller authorises dealers to refuse to sell needles if satisfied that the customer is not a genuine one. The fact that all the printed notices, coming from established firms, contained identical instructions, justified dealers in assuming that those instructions had official sanction or at all events could be followed safely.

    21. In these circumstances I am satisfied that if the accused refused to sell the needles because they considered that Md. Shirajuddin and his companions were not bond fide purchasers, as indicated in these instructions, then they had sufficient cause for refusal, and their refusal did not amount to a contravention of sec. 9 of the Ordinance. If now, the facts of the present case are considered it is apparent that Md. Shirajuddin and his companions were not bona fide customers within the meaning of cl. (c)(i), (ii) and (iii) above. Indeed, it is open to question whether a test purchaser whose object in purchasing is not to use the article purchased can ever be described as a bona fide purchaser.

    22. There was nothing in their conduct from which the accused could infer that they were bond fide customers. On the other hand, their conduct in demanding any kind of needle and any kind of gramophone spring and in seeking to purchase a sound box without returning an old one was such as to suggest to the salesmen that they were not bona fide purchasers. The accused had, therefore, in my opinion, good reason for holding that Md. Shirajuddin and his companions were not bond fide purchasers.

    23. There is one other aspect of the matter which seems to me relevant.

    24. Supplies of needles were limited. No dealer could be blamed if he rationed his stock and instead of selling out his entire stock at once, decided to fix a daily or a weekly quota for sales.

    25. In the present case, a notice (Ex. B) was exhibited in the shop showing supplies received and containing the following sentence Ten packets and boxes allotted for Daily Sale.

    26. The Assistant Inspectors, in the course of their search, seized cash memos showing that an amount slightly in excess of this daily allotment had been sold on that particular day, thus indicating that honest sales up to the daily allotment had already been made that day.

    27. From the facts that the accused had apparently good reason for suspecting that the Assistant Inspectors and their companion were not bona fide purchasers, and that the accused had apparently made honest sales that day up to their daily allotment, I am convinced that they had sufficient cause for refusing to sell the needles.

    28. In this view the refusal to sell gramophone needles was not in the circumstances a contravention of sec. 9 of the Ordinance.

    29. I therefore order that the rule be made absolute, thalt the convictions and sentences be set aside, and that the accused Santosh Das Gupta and Bistudas Mukherjee be acquitted. Let the lines if paid be refunded.

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    Comments

    Santosh Das Gupta And Anr. v. King-Emperor Opposite Party.
    (Jun 26, 1946)