REX Vs. L JOHARI MAL

JUDGEMENT

(1.) This is an appeal by the Provincial Government against the respondents, Lala Johari Mal and Lala Ram Mohan Lal, who were convicted by a Magistrate of the first class for an offence Under Section 27 (5) (b), U. P. Sugar Factories Control Act (l [l] of 1938), but who have been acquitted on appeal by the learned Sessions Judge of Pilibhit.

(2.) It is not necessary for us to enter into the numerous questions of fast and law which were argued before the learned Magistrate and before the learned Sessions Judge, for, in our opinion, this appeal fails on a very short ground.

(3.) Section 27 (5) (b), under which the respondents were prosecuted, makes it penal for any person to purchase or sell cane in a reserved area in contravention of the provisions of Sub-section (3) or Sub-section (4) of Section 18 of the Act. Sub-section (3) of Section 18 of the Act prohibits the purchase of cane grown in a reserved area without the permission of the Provincial Government, by the purchasing agency or by any person other than the occupier of the factory for which such area has been reserved. The case against the respondents is that they have, without the permission of the Provincial Government, purchased cane grown in an area reserved for the L. H. Sugar Factory and Oil Mills of Pilibhit.