STATE OF U P Vs. RAM CHARAN

JUDGEMENT

(1.) This is an appeal by the State Government against an, order dated the 6th May, 1960 of the learned Sessions Judge, Oral, acquitting the respondent Ram Charan of an offence under Section 7 of the Essential Commodities Act read with Clause 3 of U.P. Wheat (Restriction on Movement) Order, 1940, (hereinafter referred to as the Order).

(2.) At about 5-30 p. m. on the 19th June, 1959 Ram Gharan transposed in four bullock carts 72 bags of gujai containing 18 per cent of wheat from the shop of the firm Mangli Prasad Bimal Ghand of Kalpi to the Kalpi ferry at the river Jamuna. The bags were then loaded in a boat which was rowed towards the opposite bank of the river. When the boat was midstream Assistant Marketing Inspector Om Prakash Bajpai who was on duty at the opposite bank saw the boat and suspecting that the bags contained wheat got the boat stopped midstream. The Senior Marketing Inspector Sri C.B. Dube was called and he mads an analysis of the grain. It was found that the proportion of wheat in the mixture was 18 per cent as against 2 per cent the movement of which was permissible under the Order. The boat was brought back to the Kalpi side of the river and Om Prakash Bajpai lodged the written report Ex. Ka-2 at the police station at 7-30 p.m. During the time Om Prakash had gone to the police station Ram Charan slipped away. He could not be arrested and proceedings under Sections 87 and 88 Cr. P. C were taken against him. Subsequently he surrendered in court.

(3.) The case for the prosecution was that Ram Charan by attempting to transport the mixture of grain containing more than 18 per cent of wheat contravened the provisions of the Order and committed am offence under Section 7 of the Essential Commodities Act.