HAFIZULLAH Vs. REX

JUDGEMENT

(1.) This is a petition in revision by one Hafizullah who has been convicted under Clause (b) of Sub-section (5) of Section 27, U. P. Sugar Factories Control Act, 1938 (U. P. Act I [l] of 1988) for the contravention of the provisions of Sub-section (8) of Section 18 of the said Act. He has been sentenced to a fine of Rs. 200.

(2.) Briefly the facts are that village Baithulia is an area which has been declared as reserved area under the provisions of Section 15 of the above Act "for the purposes of the supply of cane to a particular sugar factory during a particular crushing season." The accused is the manager of an open pan sugar factorya factory whose does not come within the purview of the above Actin village Karmahia. Section 18 (8) provides: Except with the permission of the Provincial Government, cane grown in a reserved area shall not be purchased by a purchasing agent, or by any person other than the occupier of the factory for which such area baa been reserved.

(3.) It is the prosecution case that the applicant contravened the above provision of law by purchasing some cane grown in Baitbulia which was reserved for the Mahabir Sugar Mills, Siawa Bazar.