L. S. Mehta, J. - (1.)During the night intervening April 6 and 7, 1967 accused Abdul Karim, Allah Bux and Ismail took two bags of wheat and eight bags of maize from Mod Singh and Moolchand of village Charchha, tehsil Begun with a view to smuggle them in Madhya Pradesh. They were detected that night by the police in the territory of Rajasthan, near the border of Madhya Pradesh, together with the smuggled goods. After investigation the police put up a challan in the court of Sub-Divisional Magistrate, Begun, for contravention of Inter-zonal wheat and Wheat Products (Movement Control) Order, 1964, or in the alternative, for contravention of Rajasthan Coarse Grain Prohibition Export Order, 1966, punishable under section 7, read with section 3 Essential Commodities Act, 1955. All the accused were charge-sheeted by Sub Divisional Magistrate, Begun, under the aforesaid provisions of law, to which they pleaded guilty. The said Magistrate examined two prosecution witnesses, namely, Shankarlal, Head Constable (P. W. 1) and Bashir Mohammed (P. W. 2). In their statements recorded under section 342, Criminal Procedure Code, the accused admitted that during the night intervening April 6, and 7, 1967, grain, as alleged by the prosecution, was being smuggled and taken to village Jate in Madhya Pradesh and that the same was discovered by the police. The trial court convicted Ismail, Abdul Karim and Allah Bux under section 7, read with section 3, Essential Commodities Act, 1955, and sentenced each of them to pay a fine of Rs. 25.00, in default of payment of fine, undergo simple imprisonment for a period of ten days. The trial court further directed that the five camels used for conveying the grain stood forfeited to the State Government. The accused Mod Singh and Moolchand were also convicted under section 7, read with section 3, Essential Commodities Act, and each of them was sentenced to pay a fine of Rs. 250.00, in default to undergo simple imprisonment for a period of one and a half months. The grain bags seized by the police were ordered to be forfeited. Mod Singh and Moolchand thought it proper to rest content with the judgment of the trial court and did not go up in revision. The other three accused Abdul Karim, Allabux and Ismail felt aggrieved and went up in revision to the Court of learned District Magistrate, Chhittorgarh. The District Magistrate, Chhittorgarh, Shri Raj Rajeshwar Jain, dismissed the revision application by his judgment, dated April 4, 1967.
(2.)Dissatisfied with the above judgment, the three accused viz. Abdul Karim, Allah Bux and Ismail, have submitted the present revision petition.
(3.)Contention of learned counsel for the petitioners is that Sub-Divisional Magistrate, Begun, had no jurisdiction to try the case under section 7, read with section 3, Essential Commodities Act, 1955, and, therefore, the whole trial is vitiated in accordance with the provisions of section 530, Cr. P.C.
;