LAWS(PAT)-1953-1-13

SURAJMAL SINGHANIA Vs. STATE

Decided On January 28, 1953
SURAJMAL SINGHANIA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This is an application to quash the proceedings pending in the Court below against the petitioner under Section 7, Essential Supplies Act (Act 24 of 1946). On 2-2-1952, a truck (BRL 883) was found at Kachpara Hati loaded with bales of yarn. The petitioner was in the truck. When, the truck came in front of the petitioner's shop at Barhet, it was stopped by him and five bags of articles were unloaded from the truck. As one of the bags appeared to bo somewhat heavy, it aroused the suspicion of the constable Indraman Pathak and other constables who were patrolling Kachpara Hati. When the bundle was opened, it was found to contain five thans of white shirting and two thans of power-loom cloth bearing No. 38040. information of this was sent to Ihe Sub-Inspector of Police, police station Barhet, and, after investigation., charge-sheet was submitted on 17-2-1952.

(2.) The following charges were framed against the petitioner upon the evidence recorded :

(3.) It has been urged that on the evidence recorded, no offence as charged has been established and, secondly, that having regard to the provisions of Section 11 of the Essential Supplies (Temporary Powers) Act, 1946, cognizance was wrongly taken by the Magistrate because there was no report in writing of the facts constituting an offence under the said Act.