STATE OF RAJASTHAN Vs. LAL KHAN & ORS

JUDGEMENT

(1.) This State appeal is directed against the judgment dated 31.10.1981 passed by the learned Chief Judicial Magistrate, Jalore acquitting the accused respondent herein of offence under Sec. 332 I.P.C. and 3/7 of the Essential Commodities Act.

(2.) The prosecution case is that on 12.5.1975 at 3 a.m. one Himmat Singh, Enforcement Inspector filed a written report at Police Station, Sanchor to the effect that on 12.5.1975 at 2.45 a.m. one truck No. R.S.Q. 5178 coming from the Sanchore stopped at the Check post barrier at Pratappura, which was searched in presence of the officials of check post and S.H.O. Check Post, Pratappura. On checking, the truck was found to carrying rice bags. The driver of the truck tried to run away but, Himmat Singh took out the key and stopped the truck. 86 bags of rice were seized. On this information. Police registered a case under Sec. 3/7 of the Essenditial Commodities Act for the contravention of Rajasthan Foodgrains (Restriction on border movement) Order, 1959, After usual investigation, Police submitted chargesheet against the accused respondent herein for the said offence.

(3.) The Trial Court found that the in the order of 1959, the boarder area is of 5 mile and the Pratappura check post is 5 to 6 mile away from the Gujarat Boarder in the state of Rajasthan. On relying the decision of this court reported in 1975 RLW 5 the court held that since the truck was found even in the internal boarder area, it cannot he said that the accused person has smuggled rice to the State of Gujarat. The view taken by the Magistrate is based on the decision of this court.