Judgment

BHAGWATI, J. : This was appeal by special leave from the decision of the High Court of Judicature at Nagpur confirming the conviction and sentence passed upon the appellant by the Court of the Magistrate First Class, Akola.

2. The appellant was charged :

(i) Under S. 7, Essential Supplies (Temporary Powers) Act 24 of 1946, read with Cl. 2(1) (a), Central Provinces and Berar Food-grains Export Restriction Order 1943 for exporting 1405 bags of uncleaned tur dal on 26-12-1946 from Yeotmal to Kalyan without premit in that he had no permit to export uncleaned tur dal and was not the holder of permit No. 10315 which moreover was exhausted before that day;

(ii) Under S. 420, Penal Code for cheating the Railway authorities and thus obtaining seven wagons to load 1405 bags to Kalyan; and

(iii) Under S. 471/465, Penal Code for fraudulently using as genuine permit No. 10315 knowing or having reason to believe at the time of using it to be a forged document in certain matters. The appellant s father. Pannalal Gulraj Chokhani & the broker Krishnarao Shankarrao were also charged with abetment of the first offence. The Magistrate convicted the appellant of all these offences and sentenced him