- (1.) Judgmohan alias Manohar Lal son of Pokhar Dass has filed the present revision against the judgment and order dated 17-6-1983 passed by IIIrd Additional District Sessions Judge, Saharanpur in Criminal Appeal No. 59 of 1982 connected with Criminal Appeal No. 54 of 1982 whereby the appeal by the applicant was dismissed and order and judgment dated 3-2-1982 passed by the Special Judicial Magistrate (Economic Offences) Saharanpur convicting the applicant under S.3 read with S.7 of the Essential Commodities Act (hereinafter referred to as the Act) for contravening the provision of U.P.Paddy and Rice (Restriction of Movement) Order, 1970 (hereinafter referred to as the Order) and sentencing him to undergo R.I.for two years and also to pay a fine of Rs. 2,640.00 and in default of payment of fine to further undergo R.I.for three months.
(2.) Brief facts giving rise to the present Revision are as under :- On the night between 12/13-6-1974 at about 0.10 a.m. Senior Marketing Inspector along with other Market Inspectors intercepted a Bus No. USK 4736 at Checkpost, Beharigarh and recovered 15 bags of rice weighing 3 quintals 30 kgs. from the possession of the accused Jagmohan alias Manohar Lal. It is alleged that he was exporting the aforesaid quantity of rice from Saharanpur block to Dehradun block. The bus was being driven at the said time by one Z.A.Shah, Driver and Conductor at that time was Yashpal. It is alleged that the accused contravened the provisions of clauses 3 and 7 of the Order, punishable under Ss. 3 read with S.7 of the Act as there is restriction on the movement of rice and paddy from one block to another. The case was investigated by the Sub-Inspector of Police, Chaman Singh P.W.3 after the competition of which a charge-sheet was filed against the aforesaid three accused. Jagmohan alias Manohar Lal, Yashpal and Z.A.Shah, driver of the bus were charged under S.3 read with S.7 of the Act. All of them pleaded not guilty and claimed trial.
(3.) The Driver of the bus while admitting that he was driver of the bus at the relevant time denied having any concern whatsoever with the rice recovered from his bus. The Conductor of the bus pleaded that the bus was stopped after it left Chutmalpur by its driver and Jagmohan, applicant, boarded the bus along with 15 bag of rice, which were recovered by the raiding party. He further pleaded that he issued luggage tickets for the 15 bags of rice. Jagmohan accused denied the recovery of any such rice from his possession and pleaded that he was sitting on one of the front seats of the bus and he was falsely implicated on mere suspicion.;