RATIRAM PETITIONER Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner Ratiram has been found guilty of contravention of clause 3(1) of Madhya Pradesh Paddy Procurement (Levy) Order 1981 (hereinafter referred to as the Levy Order, by Judge Special Court, Balaghat, appointed under the Essential Commodities Act, 1955. He has been sentenced to suffer rigorous imprisonment for three months. Since the said special court is a court of Sessions and the sentence is for a period of three months only, no appeal lies in view of section 12AB of the said Special Provisions Act, 1981 read with section 378 of the Code of Criminal Procedure.

(2.) On 1.1.1983 Abdul Sharif Khan, Probationary Sub Inspector Police, Police Station Lanji saw eight persons carrying paddy on head loads near village Dewalgaon which stands just on the border of the State of Madhya Pradesh and Maharashtra. The petitioner was one of them The Sub Inspector seized the bundles of pandy carried by the said eight persons.

(3.) It was alleged by the prosecution that petitioner Raliram had hired the services of seven labourers and each of them was carrying about 25 to 30 kilogrammes of paddY in small head loads. Since the petitioner was exporting paddy without paying levy as requirc:d by section 3 of the Levy Order he committed an offence punishable under section 7 (i) (a) (ii) of the Essential Commodities Act by contravening the said Order.