ISHTIAQ Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application in revision by Ishtiaq, Chhotey Khan and Nasaruddin against the judgment and order dated 1-9-1981 of Sri Arjun Dev, Sessions Judge, Rampur, in Criminal Appeal No. 163 of 1981, by means of which he dismissed the appeal and sentenced the applicants to three months' rigorous imprisonment and a fine of rupees one thousand each under Section 3 read with Section 7 of the Essential Commodities Act.

(2.) THE prosecution case, briefly stated, was that on 6-12-1974 at about 9.30 p. m. near the Gumti, which is close to Rampur Moradabad border V. P. Singh, the then Station Officer, Police Station Civil Lines, Rampur, along with police force, marketing Inspector and public witnesses intercepted the applicants ; while they were smuggling 20 bags of wheat from Rampur to Moradabad. This wheat was seized and the applicants were prosecuted resulting in their conviction as aforesaid.

(3.) NO presumption could also be drawn under Section 10 (2) of the Essential Commodities Act because this sub-section was added to Essential Commodities Act by means of Act NO. 18 of 1975. There was, therefore, no section 10 (2) at the time when this occurrence took place and no presumption could be drawn that this wheat was being smuggled across the border.