STATE OF MYSORE Vs. KBASAPPA

JUDGEMENT

(1.) The accused was tried and convicted by the City Magistrate, Mysore, for en offence under Rule 81 (2) and (4), Defence of India Rules read with Act 15 of 1947 and sentenced to undergo simple imprisonment for one week and a fine of Rs. 1,000/- and in default of payment to undergo S. I. for one month more. On appeal the then Principal District and Sessions Judge, Mysore Division, set aside the conviction and sentence and acquitted him. The Government have preferred this appeal against that judgment.

(2.) The case against the accused is briefly as follows: On 10-11-1948 the Deputy Commissioner, Mysore District, issued a notification which was published in the Mysore Gazette on 11-11-1948 whereby he called upon all the stockists of paddy and rice to furnish a true declaration of the correct stocks of the said foodgrains held either for himself or on behalf of others to the Rationing Officer, Mysore City, if the stocks were held in Mysore City. This was to be done on or before 20-11-1948 and the purpose of the notification was stated to be with a view to maintain supplies and services essential to the life of the community. The declaration had also to state the place or the building where the stock was stored.

(3.) In response to this notification the accused gave a declaration Ex. P-1 dated 20-11-1948 that he held a stock of 95 pallas of paddy in Thibbanna Rice Mills of which 85 pallas were for the use of his excise employees and the rest 10 pallas was meant for the use of himself and his family. On 5-12-1948, P. W. 5, the Police Daffedar who was then in charge of the Mandi Police Station in Mysore, was asked by the Sub-Inspector of Police, Anti-corruption Branch, to conduct a search of the Thibbanna Rice Mills, which is also known as Shankarananda Rice Mills, as information had been received that the accused had kept paddy in that Mill without a permit. He reported this matter to P. W. 6 who was then the Inspector of that Division and they proceeded to the Mills to make the search. Three of the rooms in that Mill were found closed and under lock of the accused. The locks were then sealed and on the next day, i.e. 6-12-48, the rooms were got opened and searched in the presence of the accused. It was then discovered that the accused had stocked in bags and loosely 204 1/4 pallas of paddy. This entire quantity was claimed by him as his and it was seized under a mahazar Ex. P.-2(a). After further investigation a charge was laid against the accused and his son in C. C. No. 488 of 48-49 on the file of the then City Magistrate, Mysore, on 23-12-1948. The case was tried and the accused persons were discharged. That order was set aside in revision by the Principal District and Sessions Judge, Mysore, in Cri. Revn. Petn. No. 6 of 1949-50 as against the present accused only. He was then tried afresh in C. C. No. 452 of 50-51 and was convicted by the City Magistrate as aforesaid.