BABURAO BALWANT KURUBET Vs. STATE OF MYSORE

JUDGEMENT

(1.) This Criminal Revision Petition is directed against the judgment of the Sessions Judge, Belgaum in Criminal Appeal No. 94 of 11959 confirming the conviction and sentence passed against the petitioner for an offence under Section 7 of the Essential Commodities Act, by the Judicial Magistrate First Class, Hukeri in Criminal Case No. 543 of 1958. The learned Sessions Judge also confirmed the order passed by the learned Magistrate confiscating to the State the amount realised by the sale of the rice bags seized from the truck belonging to the petitioner.

(2.) The petitioner was found transporting 64 bags of rice in his truck on 23rd of April 1958 when the same was stopped by the Head Constable near the toll-naka of Sankeshwar. The Head Constable had information to the effect that the petitioner was transporting rice to the State of Bombay. It is on that information he was lying in wait for the petitioner near the toll-naka and immediately the truck came near the toll-naka he stopped the vehicle and found '64 bags of rice in it. After necessary formalities the bags of rice were seized and. a charge-sheet for an offence punishable under Section 7 of the Essential Commodities Act, 1955 was placed against the petitioner in the court of the Judicial Magistrate First Class, Hukeri. The defence of the petitioner was that he was transporting thesa 64 bags of rice to Nipani and that those bags belonged to D.Ws. 1 and 2 examined by him. The learned Magistrate did not accent the defence of the petitioner. He held that the version given by the petitioner that he was proceeding to Nipani and intended to unload the bags of rice at Nipani was false. The learned Magistrate held further that the indications were that the petitioner was transporting 04 bags of rice to the State of Bombay without a licence and had thereby infringed Section 7 of the Essential Commodities Act, 1955. The learned Magistrate convicted the petitioner and sentenced him to pay a fine of Rs. 600/- and in default of the payment of fine to suffer simple imprisonment for one month. The learned Magistrate further directed that the amount realised by the sale of 64 bags of rice seized by the police should be confiscated to the Government. The petitioner preferred an appeal against his conviction and the order of confiscation to the Sessions Judge, Belgaum in Criminal Appeal No. 94 of 1959. The learned Sessions Judge dismissed the appeal. It is against this judgment confirming the conviction and sentence passed against the petitioner and also against the order directing the confiscation of the amount realised by the sale of 64 bags of rice that the present revision petition has been filed by the petitioner.

(3.) It is contended by Mr. Krishnaswami Rao, the learned Counsel for the petitioner that the courts below were entirely wrong in assuming without any basis that the truck in which the bags of. rice were being carried was proceeding, to the State of Bombay. He urged that the Courts below were entirely wrong in rejecting the un' impeachable evidence adduced by the petitioner to establish that he was taking the bags of rice to Nipani and that they belonged to D.Ws. 1 and 2 examined by him. (After dealing with evidence His Lordship held). The courts below have rejected the contention of the petitioner that the bags of rice in question belonged to D.Ws. 1 and 2 and that the petitioner was only a carrier for hire and that he was actually carrying the bags of rice to Nipani, This is a finding of fact. Whatever be the force in the contention of Mr. Krishna Swamy Rao, I am afraid sitting on the revision side I cannot interfere with this finding of fact. Therefore, we must proceed on the basis that 64 bags of rice belonged to the petitioner; that he had loaded them into his truck and was proceeding in the road that leads to the State of Bombay; that the vehicle was stopped near Sankeshwar toll naka by tha Head Constable who was on duty near the place and that the defence of the petitioner that he was taking these bags of rice to Nipani has not been established.