ATUL CHANDRA PAL Vs. STATE

JUDGEMENT

(1.) This is a revisional application against an order of conviction under Section 7(1)(a)(ii) of Act X of 1955. The petitioners were sentenced to Rule I, for three months each and the rice seized was confiscated. There was an appeal against the order but the learned Sessions Judge dismissed the appeal.

(2.) The facts leading to the prosecution are as follows :-- On April 5, 1964 the petitioners were detected moving with six cart-loads of rice in a field in mouza Laka within the five mile border area between West Bengal and Bihar. The Cordoning Officer intercepted the carts which were being driven by petitioners 2-5, who told that the rice belonged to petitioner no. 1, who was also moving with the carts. The carts with the men were taken to the police Station where a written complaint was filed by the Inspector, Investigation start- ed and charge-sheet was submitted against parties.

(3.) Defence was a plea of innocence and the petitioners contended that rice was being taken to Burdwan in West Bengal and not to Bihar.