SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS Vs. MULTANCHAND

JUDGEMENT

(1.) This is an appeal by the Superintendent and Remembrancer of Legal Affairs, Bengal, in a case in which three accused, Multan Chand, Kalurani and Abdul Jabbar were convicted by the trial Court for contravention of Clause 3(1) of the Foodgrains Control Order, 1942, and sentenced Under Rule 81(4) of the Defence of India Rules each to pay fine of Rs. 500, in default to suffer rigorous imprisonment for five months. The Court also directed that the gram in respect of which the offence had been committed or the price thereof be forfeited to His Majesty. On appeal the learned. Sessions Judge of Faridpur acquitted the accused.

(2.) The prosecution case is that on the 16 May 1945, Mr. B.E. Bhattacharjee (P.W. 1), a Sub-Deputy Magistrate went to the godown of the accused Multan Chand in Ambicapur near Faridpur town and found 2895 maunds of gram. The accused Kaluram is said to be the manager of Multan Ghand's firm. In the course of the enquiry the accused Adbul Jabbar produced his license No. 674 and alleged that he was in partnership with the others and that the license covered the possession of the gram in question. The trial Court found that the story of partnership was not true and accordingly convicted the accused. On appeal the learned Sessions Judge has found as a fact that there was a partnership between the three accused entered into before the date the gram in question was found, and he has also held that the possession of the gram was therefore covered by Abdul Jabbar's license No. 674.

(3.) In the appeal the finding of fact is challenged as also the learned Judge's conclusion as to the law applicable. We have seen the evidence; we do not consider it necessary to discuss it. We see no reason to differ from the finding of the learned Judge that it has been, proved that there was a partnership between the accused before the 16 May 1945.