NAND RAM Vs. EMPEROR

JUDGEMENT

(1.) Nand Ram and Laxmi Narain have been convicted under Rule 81(4), Defence of India Rules, read with Clause 4, U.P. Revised Foodgrains Supplementary (Movement) Control Order, 1943, and Rule 47(3), Defence of India Rules, and have been sentenced to one year's rigorous imprisonment and a fine of Rs. 500 each under each count, and in default to undergo six months rigorous imprisonment.

(2.) The charges framed against the applicants were as follows: Firstly - That you, on or about the 3 day of September 1945 at Orai Railway Station, District Orai, contravened Clause 3, U.P. Revised Foodgrains Supplementary (Movement) Control Order, 1943, inasmuch as you caused 200 bags of gram to be carried by rail from Orai to Gorakhpur which is outside Cawnpore Region through forged permit Ex. P-4 which was in the name of Prag Narain Suraj Bhan and not in the name of your firm, and thereby committed an offence punishable under Clause 4, U.P. Revised Foodgrains Supplementary (Movement) Control Order, 1943 read with Rule 81(4), Defence of India Rules. Secondly - That you, on or about the 3 day of September 1944 at Orai Railway Station, District Orai, used forged permit Ex. P-4 an official document and thus contravened Rule 47(2)(b), Defence of India Rules, and thereby committed an offence punishable under Rule 47(3), Defence of India Rules and within my cognizance, and I hereby direct that you be tried by the said Court on the said charges.

(3.) Nand Ram was the proprietor of a firm, Ram Sewak Nand Ram. Laxmi Narain was said to be a partner of this firm. Durga Prasad was the head munim of the firm Ram Sewak Nand Ram. The firm wanted a permit to send gram from Orai to Gorakhpur. Durga Prasad came to Ghantaghar at Cawnpore and purchased a permit for Rs. 300. This permit was alleged to have been issued to firm Prag Narain Suraj Bhan of Orai. Suraj Bhan was said to have applied for the permit, but it has been found that he is a boy aged three years only. The permit was originally for Kotdwara, but the Marketing Inspector of Orai, Mr. P.N. Anand, penned through the word Kotdwara and made it a permit for Gorakhpur and initialled it on 2 October, 1944. 505 maunds of gram were sent from Orai, which is in the Cawnpore Region, to Gorakhpur, which is in the Benares Region.