Decided on April 17,1972

Surjitsingh Bishansingh Appellant
Karansingh Banwarilal Respondents


R.R. Bhole, J. - (1.) This appeal is directed against the order of sentence passed by the learned Presidency Magistrate, 25th Court, Mazgaon, Bombay. Both the appellants were prosecuted for carrying 7659 kgs. of rice after acquiring the same into Bombay rationed area. They were therefore charged for the offences punishable under clauses 8 and 23 of the Maharashtra Foodgrains Rationing (Second) Order, 1966 (hereinafter called "the Order") read with sections 7 and 8 of the Essential Commodities Act, 1955. I am asked to intervene only in the matter of sentence inflicted by the trial Court. Both the appellants were not only convicted for the offence punishable under clause 8 of the Order but also convicted for the offence punishable under clause 23 of the Order and on each of the two counts they were sentenced to undergo simple imprisonment for one day and to pay a fine of Rs. 2,000 in default to suffer rigorous imprisonment for six months. The objection is to the sentence inflicted on both the counts. The point therefore that arises here for consideration is whether the learned Magistrate was right in inflicting the sentence on both the counts.
(2.) Clause 8 of the Order is as follows: 8, Except as otherwise provided by or under this Order, rationed foodgrains shall be purchased, acquired or obtained only by means of a ration document available for lawful use and lawfully used, and only up to the quantity specified or as represented by the units specified on that document.
(3.) The relevant portion of clause 23 of the Order is as follows: 23. No person shall move or attempt to move or abet the movement of any rationed foodgrains from any rationing area to any area outside it or from such outside area into the rationing area, except under and in accordance with a transport permit granted by the Controller of Rationing, or any other Officer empowered by the State Government or the Controller in this behalf.;

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