BACHCHU LAL GUPTA Vs. REX

JUDGEMENT

(1.) Mr. A. P. Dube, learned counsel for the applicants, and the Deputy Government Advocate are agreed that in all these oases the same point his been raised and the decision in one case would govern all the connected cases. Learned counsel have, therefore, given to me the facts of only one case (Cr. Revn. No. 1380 of 1913) as all the other cases are and to be exactly similar.

(2.) On 16-3 1946, 60 bags of alsi were sent from Allahabad by the accused, Bachchu Lal Gupta, to a firm of commission agents at Satna, firm Sukhnandan Prasad Hanuman Prasad. The arrangement was that the commission agents would sell the alsi and after deducting their commission remit the balance to Bachchu Lal Gupta at Allahabad. Satna is in Rewa State outside the United Provinces. At the Octroi barrier at Chak Ghat the goods were weighed and entries were made in certain forms in triplicate, one form wag given to the sender, another was retained by the office and the third was given to the carrier. The applicant was prosecuted and convicted under Section 8, U. P. Oilseeds and Oil seeds' Products Control Order, 1945, punishable under Section 81 (4), Defence of India Rules and the Essential Supplies Act (XXIV [24] of 1946) for carrying oil seeds from Allahabad to a place outside the Province without permit and was sentenced to pay a fine of Rs. 750/- or in default of payment to undergo rigorous imprisonment for a period of thirty days,

(3.) An appeal was filed in the Court of the Additional Sessions Judge of Allahabad who dismissed the same.