Report No. 29
Section 238
Profiteering
(1) Whoever,-
(a) demands, stipulates or accepts for goods a price higher than that fixed by the authority, or
(b) in the absence of a price fixed by the authority demands, stipulates or accepts a price including profits in excess of an equitable gain, shall be punished with loss of liberty not exceeding three years.
(2) Punishment shall be loss of liberty ranging from six months to five years if profiteering was committed-
(a) professionally.
(b) by a recidivist,
(c) in criminal partnership,
(d) in respect of a considerable quantity of goods or goods of considerable value.
(3) Punishment shall be loss of liberty ranging from two years to eight years, if the interests of people's economy were gravely prejudiced by the crime.
(4) In the cases falling under paragraphs (2) and (3) confiscation of property may also be inflicted as supplementary punishment and if profiteering is committed professionally by a recidivist, he may also be expelled from certain parts of the country.
(5) A person committing the crime by negligence shall be punished with a fine.
(6) The act of a person, who does not exceed the guiding price fixed by the authority, shall not be subject to para (1) clause (b).
[Cf. section 3(1)(c) and section 3A, section 7(1)(a),
Essential Commodities Act, 1965 (10 of 1965)].
Section 239
Defrauding the customers
(1) Whoever defrauds the customers in retail trade by false weighing, counting or by injuring the quality of goods, shall be punished with loss of liberty not exceeding one year.
(2) Punishment shall be loss of liberty not exceeding three years, if the crime was committed-
(a) professionally,
(b) by a recidivist or
(c) if the crime involved considerable loss to the purchaser.
Section 240
Crimes relating to public supplies
(1) Whoever, to the prejudice of public supplies
(a) destroys, makes useless, hides, conceals or utilizes the stock of products or produce at his disposal despite a prohibition by law or by violating the rules of proper economy.
(b) stores, in relation to his requirements, an excessive quantity of products or produce and there by creates difficulties for others in obtaining them.
(c) obtains by misleading conduct a licence for the acquisition, putting into circulation or transport of products or produce or speculates with such licence,
shall be punished with loss of liberty not exceeding three years.
(2) Punishment shall be loss of liberty ranging from six months to five years, if the crime was committed-
(a) by a recidivist,
(b) in respect of a considerable quantity or products or produce or products or produce of considerable value.
(3) In the cases falling under para (2) confiscation of property may also be applied as supplementary punishment.
(4) Whoever commits the crime by negligence shall be punished with a fine.
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