M A USMAN Vs. STATE OF MYSORE

JUDGEMENT

(1.) The accused petitioners (who are four in number) were prosecuted for the offence under clause 3-A (a) and (b) of the Southern States (Regulation of Export of Rice) Order, 1964 (which will hereinafter be referred to as 'the order'), punishable under S.3 read with S.7 of the Essential Commodities Act, 1955, (which will hereinafter be referred to as 'the Act') before the Second Munsiff First Class Magistrate, Mysore.

(2.) The trying Magistrate, on the evidence let in in the case, found that the accused were transporting 81 bags of boiled rice without a permit in Lorry bearing No.MYZ 4258 to a place in the border area from a place outside that area. He further found that it is proved by the prosecution evidence that the petitioners were transporting the said 81 bags of rice from within the border area to another place in that area without a permit On the basis of his findings he sentenced the petitioners under S.3, read with S.7 of the Essential Commodities Act that each of them should suffer S.I. for a period of 3 months and to pay a fine of Rs. 500 each, or in default to undergo S.I. for a further period of 3 months.

(3.) In appeal, the Sessions Judge, Mysore, held that it is established by the prosecution evidence that the petitioners have contravened the provision of sub-clauses (a) and (b) of clause 3A of the Order He therefore confirmed the conviction passed against the petitioners by the trying magistrate. He, however, reduced the substantive sentence of imprisonment imposed bv the trial court to the period of imprisonment already undergone, by the petitioners, and confirmed the sentence with regard to fine imposed by the trial magistrate. With this modification, he dismissed the appeal. It is arainst the order of the Sessions Judge, that the petitioners have preferred this revision petition in this Court.