CHHAGAN Vs. STATE

JUDGEMENT

(1.) THIS is a criminal revision against conviction of the applicants under section 7 of the Essential. Commodities. Act read with Madhya Pradesh Foodgrains (Restriction on Border Movement) Order, 1959.* Cr. R. No.' 298 of 1962 decided on 9-7-1963 against the order, of S. N. Gupta, Addl. Sessions Judge,, Jhabua, dated 21-9-1962, in Cr. A. No. 120 of 1962. (Indore Bench.) SPK/N. See page 51 of the Journal Section of 1959 M. P, L. J. for this Order. (1) 1964 (15) STC 702. R. F.-29.

(2.) BOTH the applicants were found to be transporting in bullock carts, food- grains weighing more than 10 maunds from village Rupkheda to village Sotiya Kalian, a village just 5 miles away from the Border of Bombay State. BOTH these villages have been found to be within the border area as defined in Madhya Pradesh Foodgrains (Restriction on Border Movement) Order, 1959. There is oral and documentary evidence in this respect and the applicants have also admitted before the trying Magistrate that the grains were being taken from Rupkheda to Sotiya Kalian.

(3.) ABOUT the fact that the two applicants were transporting the foodgrains from Rupkheda to village Sotiya Kalian, there is ample evidence. That was never challenged in the trial Court and there is clinching evidence in this connection. The only point for consideration is whether they were carrying the grains to a Mandi as contemplated in proviso to clause 3 of the Madhya Pradesh Foodgrains (Restriction on Border Movement) Order, 1959.