JUDGMENT Lodge, J. - This Rule was issued on the District Magistrate of Birbhum and upon the complainant Monoronjan Mukherji to show cause why convictions and sentences under r. 81 (4) of the Defence of India Rules should not be set aside. The material facts may be stated briefly. In the Calcutta Gazette of August 30th, 1945, there appeared an Order No. 10865 D. C. S. dated August 22nd, 1945, fixing the price of cocoanut oil at Rs. 45 per maund. On September 11th, 1945, one Monoranjan Mukherjee went to the shop of Purna Singh at Bolpur and purchased 17 seers and 2 chittacks of oil. Puma Singh was in his shop at the time. The sale was made by him and the price charged was Rs. 25-11-0 at the rate of Rs. 60 per maund. Having made the sale Purna Singh turned to his Muhuri Durga Pada Pramanik and directed him to write a farda showing the sale and giving the price. Durga Pada accordingly wrote the farda and the same was handed over to the purchaser. The purchaser came out of the shop and was greeted by a constable who asked him what price had been charged. On learning from the constable the maximum price according to law, the purchaser lodged an information with the police. 2. The Courts below found as a fact that there was a very slight difference in time between the publication in the Calcutta Gazette and the commission of the offence, and that in all probability the shop-keeper was not aware of the order fixing the maximum price of cocoanut oil at Rs. 45 per maund. In these circumstances the learned Magistrate expressed the opinion that a severe sentence was not justified. He found that the shop-keeper Purna Singh committed an offence and he sentenced him under r. 81 (4) to pay a line of Rs. 100 and in default to undergo rigorous imprisonment for one month. The learned Magistrate further held that the Muhuri Durga Pada had abetted the offence. He therefore sentenced him under r. 81 (4)/121 of the Defence of India Rules to pay a fine of Rs. 10 and in default to undergo rigorous imprisonment for cue week. The learned Magistrate further directed that the shop-keeper Purna Singh do refund to the complainant the excess price charged by him. 3. He therefore sentenced him under r. 81 (4)/121 of the Defence of India Rules to pay a fine of Rs. 10 and in default to undergo rigorous imprisonment for cue week. The learned Magistrate further directed that the shop-keeper Purna Singh do refund to the complainant the excess price charged by him. 3. On the facts found and stated above, I am unable to see in what way the Muhuri Durga Pada abetted the offence. It is not suggested that he took part in fixing the price or in negotiating the deal. He merely obeyed his employer's instruction by writing out a farda and handing it over. I cannot see that his act amounted to an instigation to the owner of the shop to sell at an excessive price or that it showed that he had been engaged with the owner of the shop in a conspiracy in selling at an excessive price or that he intentionally aided in any way the sale. The sale was completed without his assistance and nothing that he did one way or the other would have made a difference to the sale. In my opinion the action of the Muhuri did not amount to an abetment and therefore his conviction should be set aside. 4. So far as the shop-keeper Purna Singh himself is concerned, I am satisfied that an offence was committed. His ignorance of the order of August 22nd, 1945, was no defence. But this was a case in my opinion in which a nominal sentence should have been imposed. 5. I therefore direct that the sentence upon Purna Singh he reduced to a fine of Rs. 10 only and out of the fine the excess price charged to the complainant will be made over to the complainant. If the excess price has already been paid to the complainant, the line of Rs. 10 will he reduced by that amount. In default of payment of the fine, the shop-keeper Puma Singh will undergo rigorous imprisonment for one week only. 6. The conviction and sentence passed on the Muhuri Durga Pada are set aside and he is acquitted. The Rule is made absolute as above.