MAKAR BHOI Vs. STATE

JUDGEMENT

(1.) The petnrs. have been convicted under Schedule 0 (l) of the Orissa Essential Articles Control and Requisitioning (Temporary Powers) Act, 1947, & sentenced to pay a fine Rs. 25 each, in default to suffer R. I. for 6 weeks' each. The prosecution case is that on the night of 16-5-49, the petnrs. were carrying loads of Kendu leaves from Bolangir district into Sambalpur district within the limits of Agalpur police outpost under Leisinga P. S. without a permit authorising them to move Kendu leave from one unit to another or from one district to another. This is said to be an offence against R. VII (l) of the Orissa Kendu Leaves (Control & Distribution) Order, 1949. This Order was made by the Govt. of Orissa in exercise of the powers conferred by Sub-section (l) of Schedule , Orissa Essential Articles Control & Requisitioning (Temporary Powers) Act, 1947. Para, vii of the said order runs as follows:

(2.) In the facts of this case, it appears that it is not known from where the kendu leaves were being moved or transported or attempted to be moved or transported. The learned trying Mag. observes:

(3.) The fundamental principle of criminal law is that apart from such presumptions of facts as arise Under Section 114, Evidence Act, all other facts have to be established by the prosecution in order to bring the charge home to the accused. The essence of the offence in this case is carrying from one place in one unit to another place in another unit Suppose, stations, A & B are within the same unit. Under the para, it is not an offence to carry kendu leaves from A to B as both the places are within one unit. It would be reading some thing into the para, to held that if the route from A to B lies within a different unit, the man transporting shall be held to be guilty of an offence in the same manner as if he takes it from a place in one unit to a place in another unit. I do not think this is the meaning of the para, VII of the Order. I would, therefore, bold that the prosecution has failed to bring the charge home to the accused petnrs. The order of convictions & sentences is, therefore, quashed. They are acquitted, of the charges & fines, if paid, must be refunded.