NAVIN CHANDRA SHARMA, J. - (1.) MR. N. P. Gupla for the petitioner Ratanlal and MR. U. C. S. Singhvi, Public Prosecutor were heard on the point of admission of this revision petition.
(2.) BOTH the Chief Judicial Magistrate, Chittorgarh as well as the Sessions Judge Pratapgarh have held the petitioner guilty for the offence under section 3 read with section 7 of the Essential Commodities Act owing to the contravention by the latter of the provisions contained in Rajasthan Gram and Barley (Prohibition of Export) Order, 1966. It was not in dispute that on August 1, 1973 truck bearing registration No. R. J. H. 798 loaded with bags of urad' tender leaves and 49 bags of gram dal was|being taken from Chhoti Sadri (in Rajasthan) to Neemuch in Madhya Pradesh. It was also not in dispute that one Nand Ram was the driver of the truck and was driving it while the petitioner Ratanlal was the owner of 49 bags of gram dal which were being carried in the truck and that Ratanlal was also sitting in the truck. This truck was checked by Radhey Shyam Sharma P. W. 8 who was in charge of commercial taxes check post Dhamania. Madhya Pradesh State border is at a distance of half furlong from Dhamania out-post. Radhey Shyam Sharma checked this truck at about 8 or 8. 30 A. M. at Dhamania outpost in the presence of Soma Ram P. W. 2 and Alkha Ram P. W. 9 who were posted at the out-post. It was found that 49 bags of gram dal were concealed in the truck under the bags of urad and tendu leaves and the same were being taken into the State of Madhya Pradesh. The export of gram dal from Rajasthan State into any other State was prohibited during those days under the provisions of Rajasthan Gram and Barley (Prohibition of Export) Order, 1966 issued under section 3 of the Essential Commodities Act. 3. Both the courts have found that at the time of checking of the truck Ratanlal had not told that as the way to Pratapgarh was blocked due to rainy season, the gram dal bags were being in fact taken to Pratapgarh (in Rajasthn)a via Neemuch or Mandsaur (in Madhya Pradesh ). Neither Ratanlal nor the driver produced at the time of checking any document to show that these 49 bags of gram dal were booked from Chhoti Sadri to Pratapgarh. The bags also did not bear any such marks. Laxmi Lal P. W. 1, Soma Ram P. W. 2, Radhey Shyam P. W. 8 and Alkha Ram P. W. 9 have clearly deposed that the bags did not bear any such marks. Testimony of these witnesses have been believed by both the courts below and the finding that Ratanlal petitioner was exporting 49 bags of gram dal from Chhoti Sadri (in Rajasthan) to Neemuch (in Madhya Pradesh) cannot be interfered in revision. The petitioner was rightly held guilty for the offence under section 3 read with section 7 of the Essential Commodities Acton account of contravention of the provisions contained in Rajasthan Gram and Barley (Prohibition of Export) Order, 1966. Sentence of a fine of Rs. 1000/- can by no means be said to be excessive. The order of confiscation of 49 bags containing gram dal was also rightly made. This revision has no merit in it and is hereby dismissed in limine. .;