NASU SHEIKH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of the Patna High Court.

(2.) The appellants were convicted under Section 7 of the Essential Commodities Act 1955 read with the relevant provisions of the Bihar Foodgrains (Control Movement) Order 1957. They were sentenced to undergo rigorous imprisonment for 18 months and to pay a fine of Rupees 250/- each. In default they were to undergo further simple imprisonment for two months. 64 Maunds of Paddy which was seized from them was ordered to be forfeited. They filed an appeal to the Sessions Court which was dismissed and their conviction and sentences were upheld. The High Court was moved in revision. The convicted of each one of the accused persons was maintained as also the sentences of imprisonment but the sentence relating to fine was set aside.

(3.) The facts are not in dispute. The appellants before us are all cultivators and they live on the border of Bihar and West Bengal. They cultivate lands in Mouza Jalalpur (a village in the State of Bihar). They also have lands in village Farakka which is in the State of West Bengal. On December 23, 1963 at about 8 a.m. in the morning they were carrying 64 maunds of Paddy in 7 bullock carts. It is claimed that each one of the appellants was carrying his own paddy in his bullock cart and was driving it himself. It is alleged that they were intercepted by the Assistant Sub-Inspector S. K. Jha while they were only 75 yards from the border of West Bengal. When questioned by that Police Officer the explanation that they gave was that they were taking the paddy to village Faridpur which is another village in the State of Bihar. This was being done pursuant to their commitment with one Sheikh Usman Gani who was produced as D. W. 2.