STATE OF MADHYA PRADESH Vs. RAM CHARAN KISHAN

JUDGEMENT

(1.) THE State Government of Madhya Pradesh have filed his appeal against the order of acquittal passed by the Sessions Judge, Gwalior, dated 18th July 1966, setting aside the order of conviction passed by the Magistrate First Class, Bhander, dated 24th April 1966, convicting the accused Ramcharan under Section 7 of the essential Commodities Act, 1955, read with Sections 3 and 4 of the Inter Zonal wheat and Wheat Products (Movement Control) Order, 1964, and sentencing him to rigorous Imprisonment for six months and a fine of Rs. 200/-, or, in default, to 4 months' Rigorous Imprisonment.

(2.) THE prosecution case was this. On the night intervening between 15th and 16th may, 1965, the accused was found exporting wheat from Madhya Pradesh to Uttar pradesh in contravention of Section 3 of the Inter Zonal Wheat and Wheat Products (Movement Control) Order, 1964. There were 9 carts laden with wheat bags landed into the "pat" of the Pahuj river, proceeding from Mouja Khiria-Jhansi in madhya Pradesh, heading towards Mouja Kumhari in Uttar Pradesh. The river pahuj is admittedly the border of the State of Madhya Pradesh and the Uttar pradesh, and their respective boundaries would coincide at a point at the middle of the river. The wheat Inden carts were intercepted and seized. The first cart was being driven by the accused Kamcharan carrying 9 maunds ol wheat and the eighth cart containing 12 maunds of wheat by the accused Binde. Both the accused persons were tried by the Magistrate First Class, Bhander, and convicted under Section 7 of the Essential Commodities Act and sentenced to Rigorous imprisonment for six months and to fine of Rs. 200/ -. Against their conviction and sentences, the accused preferred Criminal Appeals Nos. 137 and 138 of 1966 before the Sessions Judge, Gwalior, who has allowed the said appeals and set aside their conviction and sentences holding, inter alia, that they had not contravened Section 7 of the Essential Commodities Act and/or Sections 3 and 4 of the Inter Zonal wheat and Wheat Products (Movement Control) Order, 1964.

(3.) TBE learned Sessions Judge is of the view that the carts having been intercepted and seized on this side of the river Pahuj in the State of Madhya pradesh, had not crossed the border and, therefore, the accused had neither exported nor attempted to export wheat, in contravention of Section 3 of the movement Control Order, and could not be convicted under Section 7 of the essential Commodities Act. As regards the contravention of Section 4 (b), the learned Judge held that the accused had a two-fold protection. In the first place, the carts had gone upto the bank of the river Pahuj from the village abadi of mouza Kheriya Jhansi, i. e. , the movement was within the same village area itself, and this is permitted under the exemption granted by Section 6, Clause (iii ). In this connection, he observes: