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1954 Supreme(SC) 124

N.H.BHAGWATI, S.R.DASS, GHULAM HASAN
Kunjilal And Mother – Appellant
Versus
State Of M. P. – Respondent


Advocates:
B.SEN, I.M.SHROFF, Y.Kumar

Judgement

GHULAM HASAN J.: This appeal under Art. 136 of the Constitution is filed against an order of the High Court of Judicature of Nagpur, passed in revision under the following circumstances.

2. The two appellants, Kunjilal and Deopal, who are father and son, the latter being aged 17, were prosecuted under Ss. 392 and 332, I. P. C. in the Court of the Magistrate Sagar. They were sentenced under the former to 1 year s rigorous imprisonment and under the latter to a fine of Rs. 500/- each. Their convictions were uphold on appeal but Kunjilal s sentence was reduced to six months R. I. and Rs. 350/. fine, while Deopal was bound over under S. 562, Criminal P. C. and the sentence of imprisonment was set aside. His fine was reduced under S. 332 I. P. C: to Rs. 250/-. They carried the matter further in revision to the High Court but it was dismissed.

3. It appears that the export of certain essential supplies such as rice and ghee was prohibited from Madhya Pradesh to another State and any person contravening the prohibition was guilty of an offence under S. 7, Essential Supplies (Temporary Powers) Act, 1946. Three bullock carts belonging to the appellants and carrying bags of rice and










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