Sections 3 and 6—No specific allegation of any violation or non-compliance of any order or direction under section 3 of the Act—Appellant’s conviction under section 6 not sustainable in law.
In the instant case there is no specific allegation of any violation or contravention or of non-compliance of any order or direction under section 3 of the said Act (I of 1956) either in the accusation or in the evidence. Further, the prosecution has not exhibited and proved any such order or direction made or given under section 3 of the said Act. As such the appellant cannot be brought within the mischief of section 6 of Act (1 of 1956) and his conviction and sentence under the said section 6 of the Control of Essential Commodities Act, 1956 cannot be sustained in law at all.
Siddiqur Rahman vs State 41 DLR 173.