BACHUMIAN HAMIDMIAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The accused No. 1 had been carrying on dairy business at Andheri in the City of Bombay. In 1967 he wanted to export buffaloes from the State of Gujarat to his stables in the State of Maharashtra for his dairy business. The accused Nos. 2 and 3 helped him in purchasing buffaloes and sending them out of the State. The export of cattle was prohibited by the Gujarat Cattle (Export Control) Order 1961 made under the Bombay Essential Commodities and Cattle (Control) Act 1958 except under the permit issued by the appropriate authority. Twenty grown up and young buffaloes were in the first instance said to have been sent by the accused Nos. 2 and 3 by railway from Anand in Kaira District to Itola in Baroda District within the State of Gujarat. At Itola the accused No. 2 is said to have taken delivery of the said cattle. They were sought to be rebooked from Itola in Baroda District to Jogeshwari in the City of Bombay outside the State of Gujarat under a forged permit purporting to have been issued by the Mamlatdar of Baroda. Upon the permit having been detected to have been forged investigation into the offence started and the case was registered against the three accused persons. The learned Magistrate held the committal proceedings and committed all the three accused to the Court of Sessions at Baroda to stand their trial for offences under sec. 8 of the Essential Commodities Act read with Clause (3) of the Gujarat Cattle (Export Control) Order 1961 and secs. 465 419 467 and 471 of the Indian Penal Code.

(2.) The learned Extra Additional Sessions Judge who tried the case recorded the conclusion that the accused Nos. 1 and 3 were not guilty of the offences with which they were charged. He therefore acquitted the accused Nos. 1 and 3 of all the charges. He however was of the opinion that the accused No. 2 was guilty of offences under secs. 465 467 and 471 of the Indian Penal Code and under sec. 8 of the Essential Commodities Act read with Clause (3) of the Gujarat Cattle (Export Control) Order 1961 He therefore convicted the accused No. 2 and sentenced him to undergo two years rigorous imprisonment for each of the offences directing substantive sentences to run concurrently. He further ordered that 20 grown up and young buffaloes-the Muddamal property-shall be forfeited to the State.

(3.) It is against that order of conviction and sentence that the accused No. 2 has filed this appeal.