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TMI Blog1973 (4) TMI 119X X X X Extracts X X X X X X X X Extracts X X X X ..... rom them was also ordered to be confiscated. 2. Aggrieved by their conviction and sentences, the accused filed an appeal and the learned Additional Sessions Judge, Jalore, by his judgment dated 20-9-68 set aside their conviction and sentences and acquitted them. Consequently, the State has filed this appeal from the said order of acquittal. 3. After having gone through the relevant record, we are satisfied that it is proved beyond all manner of reasonable doubt that the three accused-respondents were found carrying wheat on camels on the night between 3rd and 4th November, 1965 from their village Hadecha Bichavadi towards the village Radaka in the State of Gujarat and that the place where they were caught lies within a five mile belt alon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essary or expedient for maintaining or increasing supplies of the essential commodity, namely, wheat, that the Order in question was promulgated. 5. It may be pointed out that the accused did not take any such objection before the trial Court and this objection was taken for the first time before the learned Additional Sessions Judge, But apart from that, it is important to note that laying the order before both the Houses of Parliament is not a condition precedent for bringing into force the Order. All that Sub-section (6) provides is that every Order made under Section 3 of the Essential Commodities Act by the Central Government or by any Officer or authority of the Central Government shall be laid before both the Houses of Parliament as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion should have proved that the Central Government was of opinion that it was necessary or expedient so to do for maintaining or increasing supplies of wheat or for regulating or prohibiting the supply and distribution thereof that the Order in question was made. We are clearly of the view that in absence of anything to the contrary it must be presumed that before issuing any Order under Section 3 of the said Act, the Central Government must have formed the requisite opinion and a presumption must be raised in this respect. We are further of opinion that the prosecution cannot be called upon in each case to prove the formation of such opinion by the Central Government before every Order under Section 3 of the said Act was issued. 8. Thus, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grains (Restrictions on Border Movement) Order, 1959, was omitted. Again by the Rajasthan Foodgrains (Restrictions on Border Movement) Amendment Order, 1965, Clause 3 was restored but it was slightly different inasmuch as this time transport of foodgrains from any place in the internal border area to any other place in that area or to any place in the internal border area from any place outside that area was restricted. The result of this change was that the restriction was confined only to foodgrains as mentioned in the Schedule to the 1959 Order and not to wheat. The learned Sub-Divisional Magistrate did not notice all these changes and the relevant law and not only charge-sheeted the accused under the Rajasthan Foodgrains (Restrictions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 'zonal border areas' have been defined as under:- 'Export' means to take or cause to be taken by any means whatsoever out of any place within a zone to a place outside it." (Clause 2 (a)). 'Zone' means any of the territorial units of India consisting of a State or States or Union territories or any portion of any Union territory as specified in the Schedule annexed to this Order." (Clause 2 (g)). 'Zonal border areas' means the area within a five-mile belt all along the border of a zone adjoining the territory comprising another zone or, as the case may be, the area lying outside any of the zones." (Clause 2 (h)) In the Schedule appended to the Inter-Zonal Wheat and Wheat Products (Movem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judice to the accused because they very well knew the nature of the offence and the constituents and the ingredients of the offence of which they were charged. 11. In the result, we allow this appeal, set aside the order of acquittal passed by the learned Additional Sessions Judge, Jalore and convict the three respondents Kama, Jora and Navla under Section 3/7 of the Essential Commodities Act, 1955, read with Clause 3/4 of the Inter-Zonal Wheat and Wheat Products (Movement Control) Order, 1964, and sentence each one of them to three months' simple imprisonment and a fine of ₹ 100/-, in default of payment of fine, each of them is further sentenced to one month's simple imprisonment. The order confiscating the wheat seized from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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