STATE OF ASSAM Vs. INDRA BHUYAN

JUDGEMENT

(1.) THIS appeal has been preferred by Government and is directed against an order of Mr. S. Sarkar, Magistrate, 1st class, Gauhati, dated 11 -11 -52, acquitting the accused Indra Ehuyan and Jagat Chandra Kumar of certain charges framed for violation of rules under the Essential Supplies Act {24 of 1946)'.

(2.) THE plea of accused Jagat Chandra Kumar was that the owner of the truck, Bapin Chandra Kumar, his employer, had left for Gauhati on the morning of 29 -4 -52 leaving instructions with him to take the lorry load of rice from Palasbari to Gauhati. In accordance with that instruction, he took the lorry to the bazar where the rice was loaded and then proceeded to Gauhati when, on the way, he was intercepted by the Enforcement Police who seized the rice and arrested him. He was unaware whether the owner had the necessary permit for such possession or movement of rice.

(3.) AS to the other accused Indra Bhuyan, the prosecution tried to lead some evidence of the character of an extra -judicial confession to show that the accused had admitted that he was the owner of the rice carried in the truck. The constable who challenged the truck at the Kama -khya gate, Sital Prasad (P.W. 2), stated that in reply to his query, accused Indra claimed the rice to be his. There was another witness, Kumud Ranjan Pal, who also stated that he heard Indra Bhuyan claiming the rice before the Enforcement Officer, and a third witness who tried to prove ownership of rice by Indra. This witness is Giris Chandra Neog (P.' W. 9), the Cleaner of the truck. This witness does not speak of any confession made by Indra Bhuyan, but he purported to depos that it was Indra who engaged the truck, loaded the bags, and then got into it to proceed towards Gauhati.