IN RE: KARUPPANNAN AND ANOTHER Vs. STATE

JUDGEMENT

(1.) THE two petitioners are the driver and the cleaner of lorry MDU 9877 which carried sixty bags of paddy on 29th August, 1968 at 3 p.m. from Kallampatti to Madurai. The said lorry was checked at Othalkadal by P.W.3; the petitioners were arrested and the paddy bags ware seized. The petitioners question the propriety of their conviction under Cl. 3 (1) of the Madras Paddy and Rice Dealer's (Licensing and Regulation) Order, 1968. The argument of Mr. Fyzee Mohammed Is that even accepting the facts proved by the prosecution, the two petitioners cannot be brought within the ambit of the definition In Cl. 2 (c) of the Order, which is as follows:

(2.) CL . 3 (1) of the Order reads thus;

(3.) REGARDING the sixty bags of paddy seized from the petitioners, they have not claimed the bags daring the trial. The learned counsel for the petitioners represented that there are allegedly four claimants for the bags in question. The District Magistrate (J) Madurai Is directed to hold a full -fledged enquiry into the ownership of end title to the paddy In question and pass orders In accordance with law.