PITRUS LAHRA Vs. R V DALAL

JUDGEMENT

(1.) THE First Class Magistrate, Jashpur, convicted and sentenced Pitrus and Boka each to undergo 4 months rigorous imprisonment under Section 7, Essential Supplies (Temporary Powers) Act, 1946, for contravention of the Foodgrains Control Order, 1945. 68 bags of grain weighing 170 maunds were also ordered to be forfeited. In appeal, the Additional Sessions Judge, Raigarh, arquitted the accused and set aside the order of forfeiture on the 18. 10. 1949. The State Government, Madhya Pradesh, appealed against the acquittal but their appeal was dismissed on 26. 4. 1950.

(2.) AFTER the decisions of the Additional Sessions Judge and this Court. Pitrus made several attempts but without success to secure the return of the grain. About a month after the disposal of the State Government's appeal by this Court, it was removed from Tapkara to Jashpurnagar and sold on 24. 5. 1950 for Rs. 1,100 by the Tahsildar, without the knowledge of Pitrus or Boka, although the market rate was then Rs. 15 per maund. In July 1950, the Sub-Divisional Officer informed Pitrus that the grain had been auctioned for Rs. 1,100 and that he could have that amount less Rs. 284/4/- for expenses. He would thus, he claimed, be put to a loss of Rs. 1734/4/-; and he accordingly-filed the present application against the State Government, Madhya Pradesh, Sub-Divisional Officer and Tahsildar, Jashpur.

(3.) SHRI N. H. Chourey, the Tahsildar at the relevant time, stated in his return that the order of the Additional Sessions Judge, Raigarh, or that of this Court had never been communicated to him, that the grain was sold by him in compliance with the Sub-Divisional Officer's order on 24. 5. 1950 and that it was sold at Jashpurnagar instead of at Tapkara because the number of foodgrain licensees was far greater at Jashpurnagar. Shri Chourey also pointed out that the quality of the grain was very bad and that it contained weevils. He had not, he added, acted 'mala fide' but in good faith and in obedience to the orders of the Sub-Divisional Officer.