HAJI USMAN HAJI MOHAMMAD Vs. STATE

JUDGEMENT

(1.) THIS revision application is filed by accused Haji Usman who has been convicted of an offence under Section 46 (a) of the Ayat Niryat Kar Vidhan, Samvat 2006 read with Madhya Bharat Government Notification No. 7 dated 14th August, 1948 and sentenced to suffer imprisonment till rising of the Court and to pay a fine of rs. 500/ -. The facts giving rise to this petition are briefly stated as follows :

(2.) ON 2-11-1950 the petitioner despatched from his shop at Dewas 309 tins of groundnut seed oil for being exported to the then Bhopal State. The truck in which these tins were being carried was checked a little ahead of Daulatpur Custom Post in the territory of Madhya Bharat and as export of this oil from Madhya Bharat was then prohibited, the tins were seized and the accused-petitioner was prosecuted before the Sub-Divisional Magistrate First Class, Sonkatch.

(3.) THE accused denied having committed any offence but the learned Magistrate found Mm guilty and sentenced him to suffer imprisonment and to pay fine as stated above. Aggrieved by his conviction and sentence the accused preferred an appeal which was rejected by the Additional Sessions Judge, Dewas. He has now preferred this revision application to the High Court.