PROVINCE OF BIHAR Vs. RAMCHARITAR MAHTON

JUDGEMENT

(1.) THE petitioner was convicted under Rule 81(4), Defence of India rules for having contravened Clause 18(2), Bihar Cotton Cloth and Yarn Control Order 194(5) and sentenced to three months rigorous imprisonment as well as to a fine of Rs. 300 in default to undergo rigorous imprisonment for a further period of three weeks,

(2.) ON the facts found, it appears that the petitioner had boarded a bus of the Sidique Motor Transport Service at Dumka on 16th July 1946 with two bundles, one tied with a blanket and the other tied with a darri. These two bundles were placed on the roof of the bus. ONe Babu Harendra Prasad Jha, Market Inspector, having suspected that a large quantity of cloth was being carried, searched the bus in the presence of several witnesses and recovered from the said two bundles the following articles of cloth: 11 pairs of saris, 9 pieces of saris, 2½ pairs of saris, 1 mark in than 33 yds in length; another mark in than also 38 yds. in length. The necessary sanction of the Provincial Government having been accorded, the petitioner was prosecuted and convicted as already stated.

(3.) LASTLY it was urged that the petitioner had served 16 days in jail and that that may be considered sufficient by way of imprisonment and instead of sending the prisoner back to jail there may be an increase in the fine. I cannot see my way to accede to this submission. Offences of this kind must be regarded as antisocial and treated with severity.