Decided on September 20,1950

BHOPAL STATE Respondents


- (1.)THIS is an application for grant of bail. The applicant has been arrested on 8. 9. 1950, for an alleged offence under Sections 6 and 7 read with Section 3, Essential Supplies (Temporary Powers) Act (Act No xxiv of 1946 ). His application to the Sub-Divisional Magistrate, Sehore was rejected while his application to the Additional Sessions Judge, Sehore is still pending as the learned Additional Sessions Judge found himself helpless to proceed with it in the absence of all the papers connected with the case. Not being sure bow long his application might be pending in that Court, the applicant has now moved this Court for grant of bail.
(2.)IT is necessary to state the facts in brief. They were not clear from the Case Diary or the papers that were submitted but were stated by the learned Government Advocate before me. It appears that one Toufiq Jahan Begum was a holder of a licence for dealing in cloth at Bhopal on behalf of her minor son, Sarwatali Khan. Under this licence she was given a quota of cloth for disposal. She secured ten bales of cloth as a part of the quota and it was alleged that on or about 8th August 1950 an attempt was made to transport it, to Madhya Bharat, She transferred the bales to One Gowardhandass who in his turn got it deposited with the Bhopal Bank at Sehore by way of security for the amount which he had obtained.
(3.)THE present applicant was alleged to have abetted the offence of transport from Bhopal town to Sehore by getting the cloth loader in a truck. It is also said that it was he who had brought about the transaction between Toufiq Jahas Begum and Gowardhandass Though the exact provisions of the law which are said to have been contravened do not appear clear from the Case Diary, still the learned Government Advocate abated that the contravention lay in the fact of the transport of the cloth from Bhopal town to Sehore. Curiously enough, the conditions of the licence, held by Toufiq Jahan Begum, arc not found stated in the Case Diary or the licence itself is not seized by the Police. It is, however, not; said that the conditions were, in any way, different from those obtained in the form No. 11.

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