PARSHURAM RAMCHANDRA MOHITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE these two revision applications raise an exactly similar point, these two applications are being disposed of by one judgment although the incidents are different and the accused are also different. Criminal Revision Application No. 249 of 1969.

(2.) THE prosecution case was that upon in. formation received by P. S. I. Dixit of Savantwadi that rice being transported from Kolhapur District to Savantwadi, a truck MYD 4482 was stopped at the Octroi Naka within Savantwadi limits on September 9, 1967 at about 4 am. On a search being made, it was found that the truck contained 80 bags of rice, Those bags were attached after a panchanama there. of was made and the three persons in the truck accused No. 1 who was driver, accused. No. 2 who wag the cleaner and accused No. 8 who was sitting by the side of the driver-were put under arrest, The three accused were then charged under Section 7 (i) (a) (ii) of the Essential commodities Act, 1955, read with Clause 12 of the Maharashtra Scheduled Foodgrains (Stocks Declaration and Procurement and Disposal, Acquisition, Transport and Price Control) Order, 1966 (hereinafter referred to as "the said Order" ).

(3.) CLAUSE 12 of the said Order on which the charge was framed reads as follows: No person, other than a recognised dealer, shall transport, attempt to transport or abet the transport of-