(1.) This appeal, by special leave, is directed against an order passed by the High Court of Rajasthan reversing the acquittal of the appellant by the Sub-Divisional Magistrate, Chittorgarh.
(2.) The prosecution case against the appellant, as unfolded in the evidence of witnesses of the prosecution was as follows:The appellant was connected with the firm of M/s. Dhanalal Shankarlal of Jaura and acting on behalf of that firm, he applied on 7th June, 1965 to the Collector, Chittorgarh for a permit to transport sixty bags of rice from Kanera to Chittorgarh. Kanera is in the State of Rajasthan near its border with the State of Madhya Pradesh and Chittorgarh is also in the State of Rajasthan, but for going from Kanera to Chittorgarh one has to pass through the territory of the State of Madhya Pradesh for a few miles. The application for a permit had to be made because it appears that there was a prohibition against transport of food grains from one Part of Rajasthan to another. The Collector, Chittorgarh granted the application and issued a permit to M/s. Dhanalal Shankarlal on 8th June, 1965 to transport sixty bags of rice from Kanera to Chittorgarh by rail/road within fifteen days from the date of permit. The permit was marked in evidence as Ex. P-2 and it had three counter-parts which were received in evidence as Ex. P-6, P-14 and P-15. It appears that at some stage the permit Ex. P-2 was tampered with fraudulently and dishonestly and instead of 'rice' the word 'wheat' was substituted in it so as to make it appear as if it was a permit for transporting sixty bags of wheat from Kanera to Chittorgarh. The date of the permit Ex. P-2 was also altered from "8-6-65" to "18-6-1965." It does not appear from the evidence as to who made these fraudulent and dishonest alterations in the permit Ex. P-2. But on the strength of this forged permit Ex. P-2, the appellant loaded sixty bags of wheat and set out in a truck bearing No. MPE 6466 from Kanera on 25th June, 1965 early in the morning. The truck, which was being driven by one Khaju Khan reached Eklingpura check post at about 5 a. m. and there a check was made by two police constables, namely Ram Singh and Nazeer Khan. The relevant entries were made in the register maintained at the check post showing that sixty bags of wheat were being carried in the truck from Kanera to Chittorgarh and the appellant as well as Khaju Khan signed those entries. Since the permit Ex. P-2 was in the name of M/s. Dhanelal Shankarlal, the appellant signed, the entry in the register as "Shankarlal". The truck thereafter proceeded from Eklingpura check post, but instead of going to Jalyan Pipli check post and from there to Nambahera and then to Chittorgarh, the truck went to Kesarpura, a village in the State of Madhya Pradesh not far from the Eklingpura check post, and sixty bags of wheat carried in the truck were unloaded in Kesarpura. When the truck passed through Eklingpura check post, Jodhkaran, who was the Head Constable incharge of the check post, was not present, but on his return he saw the entries in the register in respect of the transport of sixty bags of wheat and after some days when he happened to go to Nambahera, he learned on enquiry that the truck carrying sixty bags of wheat did not pass through Nambahera and had consequently not gone to Chittorgarh. He, therefore, sent a letter giving this information to the police station Kanera and on the matter being further pursued, it came to light that the truck had unloaded sixty bags of wheat at Kesarpura. That was in contravention of Clause 3 of the Inter-State Wheat and Wheat Products (Movement Control) Order, 1964 (hereinafter referred to as the Wheat Movement Order) made by the Central Government in exercise of the powers conferred under Sec. 3 of the Essential Commodities Act, 1955. The police, therefore, investigated the case and after investigation was completed, the police filed a charge-sheet against the appellant and Khaju Khan for an offence under S. 3 read with Sec. 7 of the Essential Commodities Act. 1955.
(3.) We are not concerned in this appeal with the case against Khaju Khan, as he was acquitted by the Sub-Divisional Magistrate, Chittargarh and his acquittal was upheld by the High Court in appeal. It is the appellant who is before us and so far as he is concerned, his defence was that he had nothing to do with the transport of sixty bags of wheat from Kanera to Kesarpura and he was not in the truck which carried these goods. He pleaded an alibi stating that on that day he in his capacity as Surpanch of Jaura Panchayat attended a meeting of that Panchayat from 8 a.m. to 5 p.m. and contended that he was falsely involved in the offence.