STATE OF BIHAR Vs. DEWAT RAM

JUDGEMENT

(1.) These two cases have been transferred to this Court under Art. 228 of the Constitution of India from the Court of a Magistrate, with first class powers, at Bettiah, Criminal Case No. 1 of 1956 arises out of G.R.P. Narkatiaganj Case No. 9 of the 12th of December, 1947, and Criminal Case No. 2 of 1956 arises out of G.R.P. Narkatiaganj Case No. 3 of March 1948.

(2.) The facts of the case, briefly stated, are that certain packages containing textile goods, such as cotton-cloth and yarn, were detected in the postal van at Narkatiaganj by the police containing prohibited articles, inasmuch as they were not to be carried through the postal agency under the Cotton Cloth and Yarn (Transmission by Post) Prohibition Order of 1946. This Order was promulgated under the Essential Supplies (Temporary Powers) Ordinance 1946 and it continued under the Essential Supplies (Temporary Powers) Act, 1946 (Act XXIV of 1946), which took the place of the Ordinance in due course. This Order prohibited the transmission by post of any cotton-cloth or yarn. The Sub-Inspector of Police, Tarkeshwar Prasad Sinha, on suspicion, examined the packages in the postal van and being satisfied about their character made a first information report and the accused persons were, accordingly, proceeded against for violation of the above order as also for conspiracy under Section 120-B of the Indian Penal Code. A similar first information report was submitted later. Criminal Case No. 1 is based on the first information report of 1947 and Criminal Case No. 2 is based on the first information report of March 1948.

(3.) The accused persons are 18 in number. Their names may be put down in the following order: 1. Dewat Ram, 2. Satnarayan son of Damn Mull, 3. M. L. Gupta, 4. K. D. Narain, 5. Hafizur Rehman, 6. Rampeayare Ram, 7. Jugeshwar Singh, 8. Deosaran Rai, 9. Baleshwar Singh, 10. Ruli Ram Marwari, 11. Ramswaroop Agrawal, 12. Satuanarain Agrawal, 13. Tillu Ram, 14. Ramanand alias Ramji, 15. Ramkishun Agarwala, 16. Basudeo Bahera, 17. Sarat Kumar Das, 18. A. K. Barik. Accused Nos. 1 to 9 are from Raxaul and are either postal employees or private individuals being the consignees to whom the packages were addressed. Accused Nos. 10 to 15 are the consignors who belong to the State of Patna which was an Indian State in Orissa, and accused Nos. 16 to 18 are the persons who were Sub-Postmasters at Kanta Bhanji Sub-Post Office within the State of Patna. According to the prosecution, the packages containing cotton-cloth and yarn were received at the Sub-Post Office Kanta Bhanki or Kharaiya Road. It is unnecessary to mention other facts as they do not arise for the decision of the preliminary question which has been raised before us by learned counsel on behalf of the accused persons.