WAREPPAM BABU SINGH Vs. MANIPUR ADMINISTRATION

JUDGEMENT

(1.) THE appellant Wareppam Babu Singh was convicted by the learned Special judge, Manipur, under Section 165A of the IPC and sentenced to undergo R. I. for a period of one year. He has preferred this appeal against that order.

(2.) THE facts leading to his prosecution and conviction are simple and lie within a short compass. On 21 -11 -55, the appellant along with two women was caught on the border between Manipur and Assam at Jiribam smuggling rice, by constable Abdul Rashid (P.W. l). The constable was taking them along with the rice to the Police Station at Jiribam. On the way they stopped for a while near the shop of one Satish in the Bazar known as Kalibari Bazar and there the appellant is alleged to have offered Re. 1/ - in change to the constable and to have requested him to let them and the rice go.

(3.) IT was pointed out to me that Under 9. 4 of the Foodgrains Control Order, referred to above, a constable does not have the power to stop or search the accused persons and though this may not affect the validity of the prosecution still that will have the natural effect of rendering the prosecution story most Improbable. I cannot agree, because in fact the constable caught & took the accused persons to the Thana and they were prosecuted and convicted of that offence also.