BASHIR AHMAD Vs. STATE

JUDGEMENT

(1.) According to the facts which are now established, on the night between 14 & 15 -12-1949, Bashir Ahmad & Mahmood Khan were arrested near Rly. Station Kauriala Ghat, in the District of Kheri, with a cart loaded with six bales of millmade cloth by a police party in the course of its rounds. Since the police party found an infringement of the U. P. (Supplementary) Cloth (Control of Movement) Order, 1947 inasmuch as the two persons were with this quantity of cloth within the "Sector" as defined in that order without a permit, it sent the two accused persons & the cart to police station, Nighasan & a report was lodged.

(2.) The police prosecuted the case & the learned Mag. found an infringement of the provisions of para. 3 of the U. P. (Supplementary) Cloth (Control of Movement) Order, 1947. He accordingly convicted them under Section 7, Essential Supplies (Temporary Powers) Act of 1946 & sentenced them to pay a fine of Rs. 150 each. He also directed that the bales of cloth be forfeited to the State.

(3.) The persons convicted appealed, but the learned Addl. Ses. J. of Kheri upheld the findings & the conviction & maintained the sentences. They have now come up in revn.