STATE Vs. BHURA

JUDGEMENT

(1.) THIS is an appeal by the State against the order of acquittal of the respondents Bhura, Jotram and Chetram by the learned Sessions Judge of Ganganagar, dated 31st May, 1952, in respect of offence under sec. 7 of the Essential Supplies (Temporary Powers) Act, 1949.

(2.) THE case for the prosecution is that on receipt of information from one Girdhari that the three accused were taking gram from Nokera in District Ganganagar to East Punjab. Mr. Chatrulal, Customs Officer at Nokera made arrangements to guard the way leading from Nokera to Wazirpur, Dist. Ferozpur in East Punjab across the border of Rajasthan. At about 11 A. M. on the 25th January, 1952, the three accused were seen carrying earthen pitchers on camels from Nokera side to Wazirpur ostensibly for purposes of bringing sweet water as was usually done by villagers of Nokera. On search, however, the earthen pots were found to contain gram and underneath the water pots were also found small gunny bags containing gram. Bhura had 3-1/2 maunds of gram. Jotram had 3-1/4 maunds of gram and Chetram had 1-1/2 maunds of gram. In view of the fact that the taking of gram from a district in Rajasthan to a place outside the district had been prohibited by the Rajasthan Government by Notification No. F. 3 (9)IV/cs (F)/51, dated 9th June, 1951, the accused were arrested and challaned to the Sub-Divisional Magistrate, Surat-garh. THE plea of the accused was that they had borrowed some gram from the residents of Malarampura, a place in Rajasthan which according to the accused fell between Nokera and Wazirpur, and that they had been taking the grain not in order to export it to Wazirpur, but to return the grain to the creditors at Malarampura.

(3.) AN attempt to contravene an order issued under sec. 3 has been placed on the same footing as a contravention of that order, and the maximum penalty provided is imprisonment for three years besides a sentence of fine and forfeiture of the property. In the circumstances, the punishment awarded by the trial court is not excessive. The order of acquittal passed by the learned Sessions Judge on 31st May, 1952, in this case is set aside, and the accused are convicted under sec. 8 of the Essential Supplies (Temporary Powers) Act 1946 (Act No. XXIV of 1946) for contravening the order of the Rajasthan Government dated 9th June, 1951, issued under the authority delegated by the Central Government by Notification under sec. 4 of the Act. The sentence passed by the trial court is re-imposed. Each of the accused will undergo three months' rigorous imprisonment and pay a fine of Rs. 100/- and in default will undergo further three weeks' rigorous imprisonment. The order as to forfeiting of the gram, the pitchers, the bags and Chhanti will also stand. Learned counsel on "instructions from the accused who are present made a statement that the gram and other articles had been handed back to them after the order of acquittal passed by the learned Sessions Judge. A reference to the record, however, does not make it clear whether the articles had been returned. But in case they have been so returned, it is further ordered that the order of forfeiture will not operate in that case, since it is now not possible to lay hold on the identical articles which were connected with the offence. Such articles, if already handed over to the accused will not be demanded back from them. The period of imprisonment already suffered will count towards the sentence. .