GULAM NABI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused petitioner along with others was convicted under Sec. 3/7 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act'; for contravention of clause (3) of the Rajasthan Foodgrains (Restriction on Border Movement) Order, 1959 (hereinafter called'the order') and was sentenced by the Chief Judicial Magistrate to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000.00 in default of payment of fine, to further suffer rigorous imprisonment for three months. The accused petitioner alongwith Gyanchand preferred appeal No. 67 of 1971 before the learned Sessions Judge, Banswara. The other accused persons also preferred appeals but no appeal was preferred by accused Bhaironsingh. The learned Sessions Judge, Banswara, dismissed the appeal of the accused petitioner whereas the appeal of others was allowed.

(2.) The facts of the case out of which revision arises are thus : To prevent the activities of smugglers of food grains including gramme, a police party was deployed on the Rajasthan Gujarat border in the night intervening 30 and 31 Dec., 1976. It consisted of constables Khatra PWI, Savij PW 2 and Birma PW 3 and others. At about 2.30 in the night, it was noticed that a truck was going towards Gujarat Border. Its No. was RJQ 2984. It was stopped at the border within five miles belt and it was noticed that there were 64 begs of gram me. Thus, the truck was apprehended within internal border area. It was also noticed that the accused petitioner was sitting in police uniform just by the side of the driver and he is said to have given out that the bags of gramme in the truck were of one 'Foodsa' and that the party should not check it. He is also said to have offered Rs. 3000.00 to the police party as gratification other than legal re-numeration but the party did not agree. It is alleged that the accused ran away.

(3.) The accused was tried along with others and as already stated earlier, he was convicted and sentenced as aforesaid. His appeal too was dismissed.