SHAIK RAHIM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A lorry was intercepted by the Inspector of Police, Vigilance Cell, Nellore Akkarrpeta on the Grand Trunk Road to- Madras on 2nd November, 1974. Akkampeta is in the belt area declared under the provisions of the Southern States (Regulation of Export of Rice) Order, 1964. 1 he Inspector of Police Vigilance Cell, found in that lorry 100 bags of charcoal and 73 bags of rice, underneath the charcoal bags. When questioned by the Inspector, the driver produced the goods vehicle register, the permit issued by the District Forest Officer and the way bill. The goods vehicle register showed that 200 bags of charcoal were being transported from Bedusupalli in Nellore District to Madras. The permit was issued by the District Forest Officer, Nellore only for the transport of 200 bags of charcoal in favour of one Sri Sabjan of Nellore. The way bill was for transporting 200 bags of charcoal from Bedusupalli to Madras. The driver of the lorry did not produce any permit, bill or way-bill pertaining to the load of 73 bags of rice. When questioned about the rice, the driver stated that 73 bags of rice were loaded at Siddipuram in Nellore district under the instructions of Sri Pulimi Krishnaiah of Atmakur in Nellore District, who is the owner of the lorry, and that he was accordingly transporting the rice bags. So, the Inspector seized the lorry along with the 73 bags of rice and 100 bags of charcoal, for the contravention of Clause 3 of the Southern States (Regulation of Export of Rice) Order, 1964, for attempting to smuggle rice to Madras from Siddipuram in Nellore District, Clause 3-A (a) of the said order, for transporting into border (belt) area from outside the border area, Clause 4 (2) of the Andhra Pradesh Rice Procurement (Levy ) and Restriction on Sale Order 1954, for transporting rice without a permit and Clause 3 of the Andhra Pradesh Prevention of Hoarding of Foodgrains Order, 1973, for being in possession of 73 bags of rice without a permit.

(2.) Since there was a prima facie case, notices were issued under section 6-A of the Essential Commodities Act, by the District Revenue Officer, Nellore to Sri Pulimi Krishnaiah, the owner of the lorry, and Sri P. Sabjan of Nellore, in whose favour the permit was issued for transport of charcoal by the District Forest Officer, as to why the lorry along with the charcoal and the rice bags should not be confiscated. They stated that Pelimi Krishniah had nothing to do with the lorry, that it actually belongs to Shaik Rahim, the petitioner herein.

(3.) Subsequently, Shaik Rahim, the petitioner herein, filed a petition befor: the District Revenue Officer stating that the lorry belonged to birr. So, a show cause notice was also issued to him for the confiscation of the lorry. He stated that he was the owner of the lorry, that he had no knowledge that the rice bags were loaded into the lorry apart from the charcoal bags, that he was present when the lorry was loaded with 200 bags of charcoal a t Bedusupalli, that subsequently he got information that on the way at Siddipuram the lorry was stopped by some persons and they persuaded the lorry driver to unload 100 bags of charcoal and load in 73 bags of rice. He also said that he had given strict instructions to the driver not to load any contraband goods.