JAGDAM SAHAI Vs. EMPEROR

JUDGEMENT

(1.) In these four miscellaneous applications a common question of law of general importance has arisen and it has, therefore, keen referred to a Bench for decision.

(2.) In the first Miscellaneous Application Order 437 of 1947, Jagdam Sahai who was a Chief Sorter in the Oudh and Tirhut Railway, was convicted under Rule 81 (4), Defence of India Eules, for having contravened the provisions of Clause 3, United Provinces Food-grains (Movement) Control Order, 1943. Jagdam Sahai was in charge of the mail van between Gorakhpur and Palheza Ghat. On 21-10-1943, it was found by the Railway Sub-Inspector of Police, Bhagwan Singh Kapoor, when the train reached Palheza Ghat, that several of the mail bags contained foodgrains which could not be exported Outside the Province without fulfilling the requirements of the Control Order referred to above. Besides Jagdam Sahai, there were three other sorters in the van, Jamuna Singh, K. Kumar and Munshi Ram. All the four were tried and convicted by a Magistrate. The learned Sessions Judge dismissed their appeals and there were revisions filed in this Court. The revisions were also rejected and now applications have been filed for certificates that the cases involve substantial questions of law as to the interpretation of the provisions of the Government of India Act, 1935.

(3.) The application by Jagdam Sahai has been numbered and registered as Miscellaneous case Order 437 of 1947, and Dr. Surendra Nath Sen has appeared for him, while the application on behalf of the other three, Jamuna Singh, K. Kumar and Munshi Ram has not yet been numbered as no notice was issued of that application to the Government Advocate. Mr. Rup Kishore Srivastava has appeared for them. These two applications, therefore, arise out of the same case.