BARNICE DOMNIC MIRANDA Vs. THE STATE

JUDGEMENT

(1.) The petitioner was convicted on Feb. 28, 1973 in case No. 2708/P. The petitioner who was accused No. 2 and another Abdul Rasid who was accused No. 1 were charged under section 7 of the Essential Commodities Act read with cls. 8 and 23 of the Maharashtra Foodgrains Rationing (II) Order, 1966. It was alleged by the prosecution that on July 15, 1972 at about 7.45 P.M., the two accused were found transporting six gunny bags containing rice contrary to the Regulations, in a tempo, owned by accused No. 2.

(2.) The learned Presidency Magistrate passed the following order :

(3.) On that very day the police prosecutor made an application, perhaps immediately after the judgment was pronounced, for confiscating the tempo MRQ 1438. The learned Presidency Magistrate appears to have curiously passed an order issuing notice to the owner though accused No. 2 was alleged to be the owner by the prosecution. Ultimately the learned Presidency Magistrate passed an order on June 4, 1973 after further hearing the matter, confiscating that tempo under clause (b) of sub-s. (1) of s. 7 of the Essential Commodities Act, 1955. The said order of confiscation is challenged in the above revision application by accused No.2.