DURGA PRASAD Vs. STATE

JUDGEMENT

(1.) This is an application for revision on behalf of one Durga Prasad who has been convicted under Section 7, Essential Supplies Act for having contravened the provisions of Clause 3 (vi), U. P. Foodgrains Movement Control Order, 1949.

(2.) It appears that on 4-3-1951, at about 9-30 p. m. a party of the anti-smuggling squad detected eight cart loads of rice being taken towards Balrampur in village Sisai. One of these carts was owned and driven by the applicant. He was then prosecuted.

(3.) The learned Magistrate who tried the case came to the conclusion that the applicant was found taking rice to a place within two miles of the river Rapti which was an area to which the prohibition of movement of rice was applicable. The Sessions Judge who heard the appeal also concurred with the Magistrate and held that the area in which the applicant was detected was a prohibited area. The appeal was accordingly dismissed.