Judgment

Majahan, J. - These two appeals by special leave are limited to the question of sentence only. In case No. 1788/P of 1950, which has given rise to Criminal Appeal No. 54 of 1951, the appellant Adamji Umar Dalal was tried along with five other persons on the following charges :

"Firstly, that you at Bombay on or about 29-12-1949 in contravention of Government Notification No. 342/- IV B, dated 27-1-1946 issued under the Essential Supplies (Temporary Powers) Act, 1946 attempted to export by rail out of the State of Bombay to Jalna, a place beyond the limits of Bombay State, 50 barrels of kerosene oil, without having any permit in that behalf, by misdescribing or causing the misdescription of the said barrels of oil as high speed diesel oil and thereby committed an offence punishable under Ss. 7 and 8, Essential Supplies (Temporary Powers) Act.

Secondly, that you at Bombay, on or about 29-12-1949 attempted to export by rail 50 barrels of kerosene oil by misdescribing or causing the misdescription of the same as high speed diesel oil, and abetted each other in the commission of the said offence and thereby committed an offence punishable under Ss. 106 and 107, Railways Act, read