STATE Vs. DEEWAKI NANDAN

JUDGEMENT

(1.) THIS is an appeal under Section 417 Criminal P. C. from a decision of the Sessions Judge Gwalior in an appeal acquitting the respondent Devaki Nandan who had been convicted by the Railway Magistrate Lashkar of an offence under Section 7, Essential Supplies (Temporary Powers) Act, 1943.

(2.) THE charge against the respondent Devakinandan was that on 19-451, he travelled by a passenger train from Agra to Morena and carried with him 22 pairs of Dhoties without obtaining a permit in that behalf from the competent authority, and thus contravened Clause 3 of the Cotton Textile (Control Of Movement) Order 1948 made by the Central Government under Section 3, Essential Supplies (Temporary Powers) Act, 1946. The accused admitted having transported by rail from Agra to Morena 22 pairs of Dhoties on 19-4-51. He also admitted that he had no permit. But he pleaded that he was taking these Dhoties in connection with the marriage of his sister and that he was not aware that a permit was required for the transport of Dhoties. On these facts, the learned Magistrate found him guilty under Section 7 (1) of tile Act. The accused then preferred an appeal against the conviction and sentence to the Sessions Judge Gwalior. In appeal the learned Sessions Judge referred to the provisions of the Madhya Bharat Cotton Textile (Control of Movement) Order of 1948 and observed that under Section 3 of this Order the export of cloth from Madhya Bharat except under and in accordance with a general or special permit issued by the Textile Commissioner was prohibited and that there was no restriction on the import of the cloth into Madhya Bharat, and that as the act of the accused in bringing 22 pairs of Dhoties from Agra to Morena was an importation of the cloth, he had committed no offence.

(3.) AFTER hearing Mr. Shiv Dayal learned Deputy Government Advocate for the State, I have formed the opinion that this appeal must be dismissed, The learned Sessions Judge was no doubt palpably wrong in determining the guilt or innocence of the accused with reference to the provisions of the Madhya Bharat Cotton Textile (Control of Movement) Order 1948 which was not in force on the date of the alleged occurrence and which had already been repealed in 1950 by the extension to the State of Madhya Bharat, of the Cotton Textile (Control of Movement) Order 1948 made by the Central Government under the Central Act, namely, the Essential Supplies (Temporary Powers) Act 1948 which Act was also extended to this State on 17-8-50, The learned Sessions Judge overlooked the fact that the charge framed by the Railway Magistrate against the accused distinctly mentioned that he -was being charged for the contravention of the order made by the Central Government under the Essential Supplies (Temporary Powers) Act, 1946.