STATE OF RAJASTHAN Vs. KOJA AND ANR.

JUDGEMENT

(1.) This is a State appeal against acquittal of the two accused respondents Koja and Aadoo under Sec. 7 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act') for contravention of clause (3) of the Rajasthan Gram and Barley (Prohibition of Export) Order, 1966 (hereinafter referred to as 'the Order').

(2.) In the year 1967 the Order was in force and under clause (2) of the Order, a ban on the export of grain and barley was imposed and no person could export or cause to be exported either directly or through his agent or servant or any other person acting on his behalf, gram and barley, outside the State of Rajasthan. Clause 2 of the Order, which shall be taken up for consideration and so far as it relates to the present case, is to the following effect, -

(3.) I have heard the learned Public Prosecutor and the learned advocate for the accused respondents. I have also reproduced clause 2 of the order and a bare perusal of that would make it clear that there is prohibition from exporting or causing to be exported gram by anybody either directly or through his agent or servant or any other persons acting on his behalf. Attempt to export gram has not been made punishable. There are four distinct stages for the commission of an offence and they are: (1) intention, (2) preparation (3) attempt and (4) completion of act. The first stage has not been made punishable anywhere and the second stage of certain offence is only made punishable under the Indian Penal Code. In some of the offences, the third stage is made punishable. For other offences in the Indian Penal Code, where no provision has been made for attempting to commit an offence, it has been made punishable under Sec. 511, IPC.But Sec. 511, IPC, cannot be applied for attempt to commit an offence under other Acts unless such other Acts make an attempt to commit an offence punishable. Therefore, unless the special or local law expressly makes an attempt to commit an offence punishable, the same cannot be punished under Sec. 511, IPC. In Mohammed Akram and another Vs. The State, AIR 1951 Assam 17 dealing with a case under Imports and Exports (Control) Act, 1947, it was observed by a Division Bench of the Assam High Court as follows, -