ASLAM IKBAL WALI MOHAMMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner Aslam Ikbal Vali Mohammed and two others namely Vijayakumar Purushotham Srivastav and Mahamadiya Abdulgapur Patil were A3, Al and A2 respectively and who will also hereinafter be referred to as such, were prosecuted for contravening the provisions of C1.3 of the Southern States (Regulation of Export of Rice) Order, 1964 (hereinafter called the Order), punishable under S.7 of the Essential Commodities Act, 1955 (hereinafter referred to as the Act), before the Judicial Magistrate, First Class, Laxmeswar, in CC.514)1974.

(2.) The prosecution case was that on 1-9-1974 at about 5 a.m., the accused were found transporting 76 bags of boiled rice (Kuchalakki) weighing 7318 Kgs worth Rs.14,636 in Truck bearing No.MHT-3623 from Davanagere in Karnataka State to Bombay in Maharashtra State, without a valid permit.

(3.) In answer to the charge, the accused pleaded guilty, and the learned Magistrate taking the view that the plea was voluntary, convicted and sentenced each of them under C1.3 of the Order read with S.7 of the Act to pay a fine of Rs.200 and in default of payment of fine to suffer simple imprisonment for three months, by his judgment dt 7-9-1974.