KING Vs. TUSTIPADA MANDAL

JUDGEMENT

(1.) This appeal is directed against an order of acquittal recorded by Rai BahadurCharu Chandra Coari, Ses. J. Cuttack, in Cri. App. No. 70-C of 1947, reversing the order of conviction passed by the Sub-Divisional Mag. Jaipur, in the case of Emperor v. Tustipada Mandal & 5 others, under Schedule 0, Orissa Essential Articles Control & Requisitioning (Temporary Powers) Act (I [l] of 1947).

(2.) The reaps, six in number, belong to the dist. of Burdwan in the Province of Bengal. They were prosecuted for attempting to transport 21 bullocks from the Province of Orissa in contravention of cl. 3, Orisaa Livestock (Control of Movement & Transactions) Order 1917, made & promulgated in exercise of the powers conferred by Schedule , Orissa Essential Articles Control & Requisitioning (Temporary Powers) Act 1947, in supersession of all existing orders on the subject, by the Govt. of Orissa. On 2-6-1947, the resps. were found passing through Dharmasala (in the dist. of Cuttaek) en-route Bhadrak with 21 heads of cattle (bullocks), purchased on different dates by one or other of them in different districts of Orissa. They were avowedly moving & transporting cattle to the dist. of Burdwan beyond the provincial boundaries of Orissa. It is admitted that the resps. held no permit nor licence from the Govt. of Orissa as enjoined in Cl. 3 of the Order aforesaid. Under these circumstances they were prosecuted under Schedule 0 of the Orissa Act I [l] of 1947. & sentenced to pay a fine of Ks. 51 each, & the 21 bullocks Beized were forfeited to the Govt. of Orissa.

(3.) In appeal, the learned Ses. J. of Cuttaek gave them b8ne6t of doubt & set aside their conviction & recalled the order of forfeiture of the bullocks seized.