MOHAN BABU Vs. STATE

JUDGEMENT

(1.) THIS is a criminal revision case against the judgment of the learned Sessions Judge of Chingleput dismissing Criminal Appeal No. 73 of 1976 on the file of his Court and confirming the order of confiscation of the lorry, M D E 8649, passed by the District Collector of Chingleput.

(2.) ON 29-9-1975 at about 1. 30 p. m. ; the Tahsildar of Ponneri noticed the lorry going in the direction of Madras from Ponneri Taluk, at Irulipattu village. Suspecting that there may be illicit transport of paddy by the said lorry (M. D. E 8649) the Tahsildar stopped the lorry near the Solavaram Panchayat Union Office and checked the lorry. He found 75 bags of paddy being transported in the lorry. The driver did not produce any valid permit or no objection certificate entitling him to carry the paddy in the lorry. The log books did not contain any entry. He seized the lorry and the paddy bags. Only the driver was present at the time of the seizure. Since no permit or no objection certificate was produced, the Tahsildar was of opinion that the driver of the lorry had contravened the provisions of the Tamil Nadu Paddy and Rice (Movement Control) Order. The lorry was retained in the Taluk Office compound for orders from the Collector. The lorry has been subsequently returned to the revision petitioner on his executing a bond. Notice under Section 6-B of the Essential Commodities Act was issued and, after hearing the petitioner and perusing the statement filed by him, the Collector had ordered confiscation of the lorry. This order has been confirmed by the learned Sessions Judge.

(3.) IT is seen from the order of the Collector that Chingleput District, except the Saidapet Taluk, Avadi Township, 36, Nazatathpet, 37, Varadaraja-puram and 63, Agaram (Mal) villages in Sriperumbudur Taluk, has been declared as a notified area for the purpose of movement of paddy and rice under Clause (3) (1) of the Tamil Nadu Paddy and Rice (Movement Control) Order, 1970 (to be hereafter referred to as the Order of 1970), in G. O. Ms. No. 289, Food, dated 27-9-1975. Clause 4 (1) of the Order of 1970 lays down that