IN RE: APPUKUTTI CHETTIAR Vs. STATE

JUDGEMENT

(1.) THE petitioner in this criminal revision case was convicted by the Sub -Divisional Magistrate of Kollegal of an offence Under Rule 81(4), Defence of India Rules and sentenced to pay a fine of Rs. 50. The learned Sub -Divisional Magistrate also directed that a cart load of chillies which was the subject -matter of the offence should be confiscated. The propriety of the conviction is not now canvassed but it is contended that the order of confiscation is illegal. On 16th July 1943, the Collector of Coimbatore made an order Under Rule 81(2), Defence of India Rules, in these terms:

(2.) IT was for attempting to export chillies from out of the Coimbatore District in contravention of this order that the petitioner was convicted. Rule 81(4) provides the punishment for a contravention of any order made Under Rule 81. It states:

(3.) The Collector's order of 16th July 1943 did not provide for the confiscation of the chillies in respect of which the order might be contravened. An amendment to the order of 16th July providing that the Court might order confiscation was issued by the Collector of Coimbatore on 29th June 1944. The offence, however, with which this case is concerned was committed on 12th October 1943 so that on that date the Court under the provisions of Rule 81(4) had no power to order the confiscation of chillies exported in contravention of the order of 16th July 1943. The Magistrate did not refer to any provision of law which authorized him to make the order of confiscation, but the learned Public Prosecutor argues that he had authority to make the order under the provisions of Section. 517, Criminal P.C., which will apply to property before the Court in cases under the Defence of India Rules in the absence of express language to the contrary. Learned counsel for the petitioner, on the other hand, points to the terms of Section 3, Defence of India Act, which provides that,