PURNAMAL AGARWALA Vs. KING

JUDGEMENT

(1.) The petitioner was found guilty of a contravention of Section 12 (1), Assam Cotton Cloth and Yarn Control Order, 1946, and in consequence was convicted Under Section 7 of Act sxiv [24] of 1946. He was sentenced to pay a fine of BS, 1000, or, in default, to undergo rigorous imprisonment for 6 months. On appeal, the conviction and the sentence were maintained. The accused has come up on revision.

(2.) The prosecution case was that on 22nd February 1947 the petitioner was found standing by the side of a truck near the Deopani Tea Estate on the Barpathar-Dimapur Road. The driver of the truck, a Maaipuri, was also there. The truck at that time was not in working order, Dambraudhar Hazarika (P.W. 1) came there in a Jeep, The owner of the Jeep was with him, Dambraudhar is President of the Vigilance Committee of Sarupathar. He examined the contents of the truck and found that it contained IS baga of yarn and 42 boxes of matches. He asked the driver of the truck to take those articles to the Deopanai T.E., but was told that the truck could not be taken there on account of some defects in the machine that had developed on the way. He, therefore, came in his own Jeep to the Daopani Tea Estate and returned to the spot within a short time with another truck from the tea garden. He brought the baga of yarn and the match boxes to the Deopani T.B. along with the petitioner and another Marwari named Ramkumar who came to the scene of occurrence after he had left for Daopani T.E. in order to bring a truck. Ramkumai1 arrived at the scene of occurrence in a Jeep.

(3.) After investigation, both Puranmal Agarwalla and Eamkumar were sent up for trial. Ramkumar was discharged.