KALYAN SINGH Vs. STATE

JUDGEMENT

(1.) Heard the parties. These are two connected applications in revision and are being disposed of by one and the same order. Kalyan Singh in Criminal Revision No. 57 of 1950 and Rughnath and Bhagirath in Criminal Revision No. 54 of 1950 stand convicted under Cl. 7 of Central Act XXIV (24) of 1946 for having contravened the provisions of Cl. 4 of the Chief Commissioner's Notification No. R/20, dated 30 6-1948, and sentencing one of them to undergo one year's rigorous imprisonment and two of them to undergo six months' rigorous imprisonment each.

(2.) The entire case against the accused-applicants rests on the interpretation of Cl. 4 of the notification, which runs as below :

(3.) The two Courts below appear to have interpreted the aforesaid clause as if the movement of all foodgrains within the area prescribed was also prohibited except under a permit. I am afraid I do not at all agree with this interpretation or the laboured interpretation of the clause as given by the two Courts below. We have just to see as to how the notification stands and not as to how the notification should have been with a view to fitting in with the prosecution explanation of the intention of the authorities behind it. If the interpretation apparent on the face of it is clear absolutely, then another laboured interpretation should not be given with a view to fitting in with the prosecution explanation of the intention of the authorities behind it. Here, in the present case, the areas prescribed are 'which are situated within a radius of five miles of the border of Ajmer-Merwara with neighbouring States.' The area so prohibited with a view to a clearer understanding may easily be referred as the zone prohibited. The notification then would read as below : "The movement of all foodgrains to the zone prohibited shall not be permitted except under a permit . . . ." This clearly goes to show that the prohibition is in regard to the movement of all foodgrains from outside to inside the aone prohibited and not from one place to another within the zone prohibited.