CHETRAM Vs. STATE

JUDGEMENT

(1.) THIS reference comes on the report of the Additional Sessions Judge, Ganganagar, dated 11-5-67 wherein he has recommended that the conviction of Chetram, Sukha, Nandram, Rugha and Ishar under sec. 7 of the Essential Commodities Act, 1955 should be set aside.

(2.) THE facts giving rise to the reference are that fourteen accused including the five persons named above were tried by the Additional District Magistrate, Ganganagar. THE prosecution case against them was that on the night between 3rd and 4th May, 1966 at about 1 a. m. the police apprehended nine persons at a place called Doublyminor in Ganganagar District when they were carrying gram, loaded on sixteen camels, to be exported from Rajasthan to Punjab. It was alleged that the five persons named above were also in the company of the nine accused who were arrested on that night, but, according to the prosecution, these five persons escaped arrest as they ran away before their apprehension. THE nine accused who were arrested by the police pleaded guilty before the trial court and they were convicted under sec. 7 of the Essential Commodities Act and each one of them was sentenced to pay fine of Rs. 500/- or to suffer three months' rigorous imprisonment in default of payment of fine. THE five persons named above pleaded not guilty saying that they were not in the company of the nine accused who were arrested. THE prosecution examined four witnesses and these accused also examined two witnesses in their defence. THE trial court observed that although these five persons had not confessed their guilt, the confession made by the other nine accused was sufficient evidence against these five. THErefore, it convicted them also for the same offence and awarded the same sentence of fine of Rs. 500/- to each one of them. Aggrieved by the order of the Additional District Magistrate, Ganganagar, dated 2-9-66, the accused filed a revision application in the court of the learned Sessions Judge, Ganganagar, who transferred it to the court of Addl. Sessions Judge. THE learned Addl. Sessions Judge has reported that there was no evidence against the said five persons, that the Additional District Magistrate had committed an error in convicting them on the basis of the confession made by the other accused persons and, therefore, he has recommended that their conviction should be set aside and they should be acquitted.