GAYA PRASAD Vs. REX

JUDGEMENT

(1.) There are eight applicants in this case. They have all been convicted of an offence under S. i, U. P. Foodgrains (Movement) Control Order, 197 for having contravened the provisions of Section 8 of that Order.

(2.) the facts found are that a motor truck proceeding on the road from RathPanwari side towards Charkhari State was stopped at Mahoba. The truck was carrying certain food-grains and a few tins of ghee. The case for the prosecution was that the applicants were carry. ing or causing to be carried the foodgrains loaded in the truck from a place within the United Provinces to another place outside the United Provinces.

(3.) The case set up on behalf of the defence was that the foodgrains were not being carried from any plaoe in the United Provinces, but were being carried from village Uudera in the Oharkhari State to Oharkhari proper in the Oharkhari Btate. The Courts below have recorded no finding on the point whether the defence version that the foodgrains were being taken from village Undera is correct or not. They have proceeded upon the assumption that even if the case set up by the defence be true, an offence within the meaning of Section 3 of the Order has nevertheless been committed.