RAMANANDA AGARWALLA Vs. STATE

JUDGEMENT

(1.) This Court issued a Rule upon the Disk. Mag. of Burdwan to show cause why the records of this case should not be transferred to this Court for the decision of certain constitutional points which were said to arise in the case. The records were duly transferred and this Court has heard arguments on the constitutional points under the powers granted to it by Article 228 of the Const. Ind.

(2.) The petnrs. were charged with contravention of Section 10 (1), Bengal Foodgrains Control Order, 1945 which had been made under powers granted by the Essential Supplies Act (Act XXIV [24] of 1946).

(3.) The case for the prosecution was that on 23-5-1950 the petnrs. had in their possession more than fifty maunds of rice without a permit. The case was that they had hidden this rice amounting in all to fifty maunds and five seers in a number of barrels which were concealed in a lorry or truck. The learned Mag. found the petnrs. guilty and convicted them of an offence Under Section7, Essential Supplies Act read with the Foodgrains Control Order. Each of the accused was sentenced to six months' R. I. and the rice was confiscated.