G GURUMURTY Vs. STATE

JUDGEMENT

(1.) THE petitioner has been convicted under Section 7 of the Essential Commodities act 1955 (No. X of 1955) (hereinafter referred to as the Act) and sentenced to pay a fine of Rs. 500/- in default to undergo S. I. for two months. The seized rice was directed to be confiscated to the State.

(2.) PROSECUTION case is that P. W. ft the Officer in-charge, G. R. P. posted at berhampur had information that rice was being smuggled to Andhra Pradesh from khurda Road. He accordingly deputed the A. S. I. (P. W. 3) for keeping watch at khurda Road Station. On 18th of January, 1966, at 3 A. M. Madras Mail bound towards Andhra Pradesh reached Khurda Road. P. W. 3 noticed that the accused, driver of the mail train, was keeping three bags of rice in the rear engine of the train. The train had two engines. P W. 3 boarded the train. When the train halted at Berhampur at about 7-30 a. m. , he informed the matter to P. W. 3. Three bags containing 128 KGs. of rice were seized from the rear engine. The accused took the plea that when he got down at Berhampur Railway station he found three bags of rice had been kept on the bridge plate adjoining both the engines by somebody without his knowledge. He brought the matter to the notice of the Guard and the station Master who were present there when the rice was seized. After thorough discussion of evidence the learned Magistrate held that the petitioner kept the three bags of rice it Khurda Road In the rear engine of the 3up Madras Mail. Against the order of conviction and sentence, the revision has been filed.

(3.) MR. Misra raised two contentions: (i) The materials on record do not establish that the petitioner was carrying the three bags of rice. (ii) There was no compliance with the provisions of Section 11 of the Act and as such the Magistrate had no jurisdiction to take cognizance of the offence.