Judgment

HIDAYATULLAH, C.J.I. :- The appellant Om Prakash who appeals by special leave, has been convicted under sub-rule (9) of Rule 125 of the Defence of India Rules, 1962 read with Section 3 (1) of the Gur (Movement Control) Order, 1963 and sentenced to six months rigorous imprisonment. The case against the appellant is that on January 14, 1964 at or about 10. A. M. he was attempting to export from Punjab State to Rajasthan State gur in truck No. PNR 6020. This truck was stopped near the border between Punjab and Rajasthan States at a village called Khandewara. The truck was found loaded with 59 quintals of gur and 22 quintals of desi khand which under the Gur (Movement Control) Order could not be exported from the State of Punjab. Under the definition of "export" in the said Order, it is stated inter alia that "export" means to take or cause to be taken from the State of Punjab. Clause (3) of the Order states that no person shall export or attempt to export or abet the export of gur except under and in accordance with a permit issued in this behalf by the Chief Director or by the Government of the State or, as the case may be, by the Administrator or the Union territory, from w