OSMAN BAIG Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1971-3-27
HIGH COURT OF ANDHRA PRADESH
Decided on March 22,1971

OSMAN BAIG Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

- (1.) The accused who is the petitioner in Crl. R. C. No. 469 of 1970 is charged by the Judicial First Class Magistrate, Bhodan, as under : "That you, on or about 25th January, 1969, were found transporting rice from Siddapur village to Machunoor village of Maharashtra, without permit and thereby committed an offence under Clause 3 (a) of the Rice Southern Zone Movement Control Order read with section 3/7 of Essential Commodities Act and within nay congnizance : And I hereby direct that you be tried by me on the said charge".
(2.) The accused who is the petitioner in Crl. R. C. No. 470 of 1970 is charged for the following offence : "That you, on or about 7th January, 1969 at about 3 A.M. you were found Andhra to Khandgoan of Maharashtra without valid permit and you have committed an offence under clause 3 (a) of Rice Southern Zone Movement Control Order, read with section 3/7 of Essential Commodities Act, which . is in my cognizance ; And I hereby direct that you be tried by me on the said charge".
(3.) In the Rice Southern Zone Movement Control Order of 1957 issued under the Essential Commodities Act, 1955, there is no section 3 (a). There is only section 3 which places restriction on export and import of rice and that reads as follows: "3. Restrictions on Export and Import of Rice: (1) No person shall export or attempt to export or abet the export of rice from any place within the southern Zone except under and in accordance with a permit issued by the State Government concerned or any officer authorised in this behalf by that Governmen subject to the condition that such exports under permits shall be regulated in accordance with export quotas fixed by the Central Government in this behalf from time to time. (2) No person shall import or attempt to import or abet the import of rice into any place within the Southern Zone: Provided that nothing contained. in sub-clauses (1) and (2) shall apply to the export of rice from and import of rice into any place within the Southern Zone.- (i) not exceeding five seers in weight in the aggregate by a bona fide traveller as part of his luggage; or (ii) on Government account ; or (iii) under and in accordance with Military Credit Notes." It is in the Southern States (Regulation of Export of Rice) Order, 1964 (hereinafter referred to as 1964 Order) issued under section 3 of the Essential Commodities Act, that section 3 (a) occurs Which deals with 'restriction on transport of rice to or within the border area' and the same reads as follows : "3. (a) Restriction on transport of rice to or within the border area. No person shall transport, attempt to transportor abet the transport of rice- (a) to any place in the border area from any place outside that area; or (b) from any place in the border area to any other place in that area except under and in accordance with a permit issued by the State Government or any officer authorised by that Government in this behalf: Provided that nothing contained herein shall apply to the transport of rice- .(i) on Government account (ii) under and in accordance with Military Credit Notes; (iii) by or on behalf of the Food Corporation of India established under section 3 of the Food Corporations Act, (XXXVII of 1964) ; (iv) within the town or village in the border area; (v) from a village in the border area to the nearest grain market (Mandi) in the "specified area" whether such market (mandi) is within or outside the border area (vi) not exceeding twenty kilograms in weight in the aggregate at one time by a bona fide resident of the border area for domestic consumption; (vii) not exceeding one kilogram in Weight in the aggregate by a bona fide traveller as part of his luggage: (viii) being gift rice received under the Indo U.S. Agreement on Relief Supplies, 1951, and despatched by the Regional Director (Food), Bombay, Madras or Calcutta, to a nominee of the American Voluntary Relief Agency concerned for relief purposes".;


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