Desai, J. - (1.) These five applications are for revision of judgments of the Ses. J. of Mathura confirming the applicant's convictions & sentences under Section 7, Essential Supplies (Temporary Powers) Act, 1946 (Act XXIV [24] of 1946) read with Clause 3 (iii), D. P. Food Grains (Movement) Control Order, 1948. The facts found by the Courts below, which are accepted by me sitting in revision, are that these applicants carried rice in motor trucks along the road going from Mathura to Kosi & were caught at the level crossing just in front of Kosi Railway station, on 58-10-1948, at about 4 A. M. There were five trucks loaded with rice. The Police had received previous information that rice would be carried in trucks along the road & so they got the level crossing closed & waited for the trucks to arrive. They all arrived together & were seized by the police. In some trucks there were the owners of the rice. They, as well as the drivers & cleaners of the trucks, were prosecuted. There were separate prosecutions in respect of different trucks.
(2.) The British Parliament passed the India (Central Govt. & Legislature) Act, 1946, (9 & 10 Geo. VI ch. 89). It empowered the Indian Legislature to make laws with respect to trade & commerce in, & the production, supply & distribution of, Food-stuffs, & offences against laws with respect to the above & to authorize the conferment of powers & the imposition of duties upon the Governor. General in Council or officers or authorities of the Governor General in Council in respect of the above matters notwithstanding their being in the concurrent list. Acting in pursuance of this authority, the Indian Legislature passed the Essential Supplies (Temporary Powers) Act, 1946, (Act XXIV [24] of 1946). Section 3 authorizes the Central Govt., so far as it appears to it to be necessary or expedient for maintaining or increasing supplies of any essential commodities or for securing their equitable distribution or availability at fair prices, to provide by notified order for regulating or prohibiting the production, supply & distribution thereof. In particular it authorizes the Central Govt. to make an order : "(d) for regulating . . . . .transport, distribution, disposal, . . . . of any" food stuffs. Section 4 authorizes the Central Govt. to delegate its power of making orders mentioned in Section 3 to Provincial Govts. or officers or authorities subordinate to a Provincial Govt. The Central Govt. in exercise of this last mentioned power delegated its power of making orders mentioned in Section 3 to the U. P. Govt. & the U. P. Govt. passed the Food grains (Movement) Control Order of 1948. In these applications we are concerned with the provisions of Clause 3 (ii) & (iii) which are as follows : "3 (ii) No person shall carry or cause to be carried or offer for carriage by rail, road or water any foodgrains into any area lying within 10 miles. or such lesser distance as the District Mag. having jurisdiction in the area may prescribe, of the provincial border, hereinafter called 'Corridor', from any place in the Province outside the Corridor. 3 (iii) No person shall carry or cause to be carried or offer for carriage by rail, road or water any foodgrains from any place in the Corridor to any other place in the Corridor, provided that nothing in this sub clause shall "apply to the movement of any foodgrains within the Corridor by road, other than by motor vehicle, if the person moving such foodgrains is a resident of such area."
(3.) There is no evidence that the District Magistrate of Mathura has or has not, passed any order regarding the corridor. One does not know whether he has reduced the width of the corridor or not. The applicants were all charged with violation of Clause 3 (ii) by carrying the rice from Mathura to Kosi. Kosi is about five miles from the provincial border. Mathura is more than 10 miles from the provincial border. The charge was framed against the applicants on the assumption, that Kosi is within the Corridor & that the rice was brought from Mathnra to Kosi. But there was no evidence to prove from where the applicants brought the rice in trucks. The evidence is only this that they were found at the level crossing of Kosi bringing rice in trucks along the road from the direction of Mathura; so the Mag. convicted the applicants of infringement of Clause 3 (iii) on the ground that they carried the rice from one place in the Corridor to another place.;