TIRLOK CHAND Vs. REX

JUDGEMENT

(1.) This is a revision by Tirlok Chand and ten others against their conviction under B. 81 (4), Defence of India Rules, read with Section 2, U. P. Sugar Movement Control Order, 1945, and Section 7, U. P. Gur Control Order, 1945.

(2.) The case for the prosecution was that the police of thana Baraut received information that certain persons would export gur and sugar from, the United Provinces to places outside the United Provinces by crossing the river Yamuna near Ghat Jhankar, Consequently, on the night between 1st and 2nd June 1946 the Sub-Inspector along with some constables and other people lay in wait near the ghat to intercept the smugglers. At about 2 A. M. they saw a herd of fifty-eight donkeys most of which were laden with bags crossing the river. The eleven applicants were looking after, these donkeys. When some of the donkeys had gone into the river-bed along with four or five applicants, the police surrounded them and arrested the eleven applicants. The bags which were loaded on the donkeys were taken in possession. There were sixty-one bags in all containing more than sixty maunds of gur and sugar. A recovery list was prepared and the applicants were prosecuted jointly because the case of the police was that they wore the joint owners of the gur and sugar and were exporting the same jointly outside the United Provinces.

(3.) The case was tried summarily and ended in the conviction of the applicants. In appeal, the learned Judge did not vary the conviction or the sentence.