Harries C.J. - (1.) This is an appeal preferred by the Superintendent and Remembrancer of Legal Affairs on behalf of the State of West Bengal from an order of a learned Sessions Judge allowing an appeal from a learned Magistrate of the 1st Class who had convicted the respondent of an offence under Section 7, Essential Supplies Act, read with the Bengal Foodgrains Control Order, 1945. The appellants contend that the view of the learned Sessions Judge as to the meaning of the word 'foodgrain' in the- Bengal Foodgrains Control Order, 1946, is erroneous and, therefore, the order of acquittal should be set aside.
(2.) The facts of the case can be very shortly stated as follows : In the very early morning of 29th April 1949, the respondent and others were seen loading a lorry in the village of Borhat near the town of Burdwan, A constables interfered and eventually the produce which was being loaded on to the lorry was seized and it is said that a very large quantity of rice flour and broken rice was taken possession of by the authorities. The respondent and others were then prosecuted in the Court of a learned Magistrate for an offence of being in possession or storing 111 mds. 15 srs. of rice without a permit or license as required by the Bengal Foodgrains Control Order, 1945, and in particular Clause 3 (1), and Clause 10 (1) of that order. Being in possession of this large quantity of rice without a permit was held by the learned Magistrate to be contrary to the order and, therefore, an offence under Section 7, Essential Supplies Act, 1946, had been committed. The respondent was accordingly convicted under that section and sentenced to six months rigorous imprisonment. The rice seized was ordered to be forfeited or confiscated.
(3.) The respondent preferred an appeal to the Court of the Sessions Judge who held that what was seized by the police was not 'rice' as that terms is used in the Bengal Foodgrains Control Order, 1945. That being so, the order in the opinion of the Sessions Judge did not apply and, therefore, no offence under Section 7, Essential Supplies Act, had been committed, The learned Sessions Judge, therefore, allowed the appeal, set aside the conviction and sentence and acquitted the respondent. It is from that order that the present appeal has been preferred.;