MANSUR ALI Vs. EMPEROR

JUDGEMENT

(1.) These two applications in revision arise out of the judgment of the learned Sessions Judge of Cuttack confirming the orders of the Magistrate, First Class of the same place convicting the petitioner in each case under Rule 81(4)/121 of the Defence of India Rules, and sentencing him to pay a fine of Rs. 100, and, in default, to undergo rigorous imprisonment for one month. In each case there was a further order of confiscation of the property seized.

(2.) The facts of this case lie within a narrow compass, and are not in dispute Petitioner, Mansur Ali in the one case and Sheikh Ahdulla in the other despatched several parcels from the Cuttaok Post Office, the destination in each case being Howrah. The parcels were seized, and were found to contain a large number of sayas (women's underskirts). The petitioners were prosecuted on the charge of having contravened the Provincial Government's Notification No. order 11698-ST., dated 23-12-1943, which runs as follows: In exercise of the powers conferred by Sub-rule (2) of Rule 81 of the Defence of India Rules, the Governor of Orissa is pleased to order that no cotton cloth as denned in the Schedule annexed to this notification shall be transported by rail, road, water or air or in any other manner .from any place in Orissa to any place outside the Province except under and in accordance with the terms of a permit granted by the Controller of Supply and Transport, Orissa or any Officer authorised by him in this behalf. SCHEDULE Cotton cloth means and includes cloth manufactured either wholly or partly from cotton, but does not include cloth manufactured wholly from wool, silk, artificial silk or jute.

(3.) The accused in each case did not deny the fact of having despatched the parcels from the Cuttack Post Office, but contended that no offence had been committed, as they had not transported "cloth" but ready-made garments which were not within the mischief of the notification aforesaid.