OMKARSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18.6.1990 passed in Special Criminal Case No. 5/83 by the Special Judge, Rajnandgaon, whereby, Appellants 1 and 2 were convicted Under Section 3/8 of the ESSENTIAL COMMODITIES ACT, 1955 and sentenced to undergo R.I. for 3 months and to pay fine of Rs. 500.00 and Appellant No. 3 was convicted Under Section 3/7 of the ESSENTIAL COMMODITIES ACT, 1955 and sentenced to undergo R.I. for 3 months and to pay fine of Rs. 1,000.00 with default sentences.

(2.) Appellants 1 and 2 died during the pendency of the appeal, therefore, the appeal filed on their behalf abated and the names have been deleted from the cause-title of the appeal.

(3.) The facts, briefly stated, are as under: Appellant No. 3 Mishrilal was licensed dealer within the meaning of Madhya Pradesh Paddy Procurement (Levy) Order 1981 (hereinafter referred to the Levy Order, 1981). He was dealing in food-grains through his Firm namely Mishrilal Vijay Kumar, Durg. The case of the prosecution is that on 24.8.83, Mishrilal got loaded 140 bags (105 quintals) of paddy in truck No. M.B.S. 2577 for exporting it to the State of Maharashtra. Appellant No. 1 was the driver of the truck and Appellant No. 2 was the owner of the truck. These 2 Appellants took the truck to Bag-river barrier which was on the border of State of Madhya Pradesh and Maharashtra. On investigation, it was found that levy was not paid on the said paddy as per Clause 3 of the Levy Order, 1981. Therefore, acts of the Appellants were in contravention of the said Order, 1981 and were punishable Under Section 3/7 and 3/8 of the ESSENTIAL COMMODITIES ACT, 1955. The Appellants, specially Appellant No. 3 came with a defence mat the said paddy was not exported to Maharashtra. It was sent to a firm at Balaghat (M.P.), for which a bill Ex. P/2-A and declaration Ex. P/2-B were prepared and were handed over to the driver and owner of the truck. Since some portion of Maharashtra State comes in the route to Balaghat (M.P.) from Durg (M.P.) after crossing the Bag-river barrier, therefore, such transportation would not be an offence either Under Section 3/7 or Under Section 3/8 of the ESSENTIAL COMMODITIES ACT, 1955. The learned Special Judge, rejected the plea taken by the Appellants and held that paddy was being exported to the State of Maharashtra from the State of Madhya Pradesh in contravention of Clause 3(1) of the Levy Order, 1981 which was punishable Under Section 3/7 and 3/8 of the ESSENTIAL COMMODITIES ACT, 1955. Therefore, the Appellants were convicted and sentenced as aforementioned.