RAM NATH Vs. STATE

JUDGEMENT

(1.) These are six applications in revision. They have been connected as similar question of law arises in all of them.

(2.) The applicants in all the revisions were dealers in coal. A raid was made on the shop of Ram Nath (applicant in Criminal Revision No. 1198 of 1955.) on 12-4-54 at about 11 a.m. or 12 noon by the Sub-Inspector of Police and Steam coal weighing three thousand maunds was recovered from his shop. Ram Nath is said to have had no licence to have steam coal and, therefore, he was prosecuted under Sub-clause (1) of clause 3 of the U. P. Coal Control Order, 1953 which prohibited stocking and sale of steam coal without a licence or permit. Similarly in criminal Revision No. 1264 of 1955 a raid was made on the 12th April 1954 at the shop of Bechan and he was found in possession of eighty maunds of coal and he was also prosecuted. In Criminal revision 1265 of 1955 the raid was made on the 12th April 1954 and about 200 maunds of coal was re-covered. In Criminal Revision N0. 1307 of 1955 the raid was made on 12-4-54 and about 3900 maunds of coal was recovered. In 1307 of 1954 the case is not complete and the application is for cancellation of the charge-sheet under section, 7 of the Essential Supplies (Temporary Powers) Act read with sub-clause (1) of clause 3 of the U. P. Coal Control Order. In Criminal Revision No. 1310 of 1955 the raid was made on 28th July 1954 and this case is also similar to the case of 1307 of 1955 where the trial has not yet been held and the application is for quashing of the proceedings. In Criminal Revision 770 of 1956 the raid was made on 17-2-54 and coal was recovered from the shop of the applicant. All these persons had no licence with them. Recovery of the coal in all the cases was admitted: But it was contended that it was cinder and not steam coal, that they had obtained the coal from licensed dealers and that they were not liable to being prosecuted under Clause 3 (1) of the U. P. Coal Control Order.

(3.) Barring Revision Nos. 1307 and 1310, in all the cases it has been found that the coal which was found in the possession of the applicants was steam coal and the applicants had no licence and the learned Magistrate convicted them and imposed fine on them and confiscated the coal.