STATE Vs. KISHANLAL

JUDGEMENT

(1.) This is an appeal by the State against the judgment of the learned Sessions Judge, Partabgarb, dated the 20th February, 1961, acquitting all the four accused, namely, Shobhalal, Kishanlal, Bhura and Gokal of the offence under sec. 7 read with sec. 8 of the Essential Commodities Act, 1955.

(2.) The prosecution story in this case was that on the 12th July, I959 the three accused namely, Kishanlal, Bhura and Gokal were seen taking 6 bags of wheat on three camels at village Jat, which was within the territory of Madhya Pradesh. P. W. Sachidanand, head constable, interrogated them as to what was contained in the bags. Thereupon, they said that the bags contained wheat. On further interrogation, they stated that they were bringing the bags from village Dorai and were taking them to the house of Moolchand Mahajan at village Jat. Since the wheat was transported from the territory of Rajasthan and its movement outside the territory was prohibited, a case under the Essential Commodities Act, 1955, was registered. It was found that the said wheat was moved by accused Shobhalal and the other three accused, who were employed by him, were only its carriers. After investigation, all the four accused were prosecuted in the court of the Sub -Divisional Magistrate, Begun.

(3.) The accused admitted that the wheat was brought from village Dorai and that the bags were seized at village Jat. They, however, pleaded that the wheat was being taken to Nimbahera which was within the territory of Rajasthan itself. The trial court came to the conclusion that accused Kishanlal, Bhura and Gokal had committed an offence under sec. 7 of the Essential Commodities Act, 1955, which will hereinafter be referred as the Act, and therefore they were convicted and sentenced to one years R. I. and a fine of Rs. 1000/ - each. Accused Shobhalal was convicted under sec. 8 of the Act and sentenced to one years R. I. and a fine of Rs. 1000/ -. In default of the payment of fine, all the four accused were ordered to undergo 6 months further R. I. All the six bags of the wheat were also ordered to be confiscated.