ALLA BUX Vs. EMPEROR

JUDGEMENT

(1.) This is an application in revision by Alia Bux, Noor Mohammad, Shakoor, Wazir, Bhuria and Tunda who were tried and convicted under Rule 81(4), Defence of India Rules, and sentenced by a learned Magistrate of the first class to three months rigorous imprisonment and a fine of Rs. 50 each or in default to one month's rigorous imprisonment. The article in question, namely the potatoes seized, was also forfeited. On appeal, the conviction and sentences passed upon the applicants were affirmed by the learned Sessions Judge.

(2.) The charge against the applicants was that on the night between 22nd and 23 December 1943 they were found exporting potatoes from the United Provinces to the Bharatpur State in contravention of Clause 3, U.P. Potatoes and Poultay (Movement) Control Order 1943. It appears that on 22 December, 1943 Mr. Kirpal Singh, Deputy Superintendent of Police, received information that some gar was to be exported from Muttra district to Bharatpur State that night. At about 9 in the night, he took a police force with him and proceeded to a place on the Bharatpur Road near. the borders of British India and Bharatpur State and lay in ambush there. After some time he found some carts laden with gur approaching the border of Bharatpur State and they were caught. Thereafter six camels appeared laden with potatoes whom the six applicants were driving. These camels were proceeding in the direction of Bharatpur State. As the export of potatoes outside the United Provinces had been banned the applicants were arrested and the potatoes were seized.

(3.) In the course of the trial which followed before a learned Magistrate of the first class it was established that the United Provinces Potatoes and Poultry (Movement) Control Order 1943, issued by His Excellency the Governor of the United Provinces, was notified by means of notification No. 11601 - C.S. dated 22 October, 1943 (published in the U.P. Gazette Extraordinary dated 22nd October 1943). This Order came into force on 1 November 1943. Clause 3 of this Order provided: On and after the date or which this Order comes into force no person shall carry or cause to be carried or offer for carriage by rail, road or river any poultry, eggs or potatoes from any place in the United Provinces to any place outside this province without the previous permission o? Government or of an officer authorised by Government in this behalf: Provided that nothing in this Order shall apply to the carriage of one head of poultry, six eggs, and one seer of potatoes by a passenger as part of his personal luggage.