Judgment

SIKRI J.: This Court granted special leave to appeal in this case limited to the following two points:

(1) Whether the confiscation of the food grains in the house of the appellant was legal; and

(2) Whether R. 141 (2) of the Defence of India Rules, 1962 is not ultra vires the Defence of India Act.

2. The facts relevant to the first point as follows: Certain shepherds belonging to a wandering tribe were apprehended by the police one night while they were carrying 12 baggages containing juar on the backs of 12 horses. On being questioned they informed the police that they had purchased all this quantity of juar from the appellant at the rate of 78 paise per kg. On this information the police raided the house of the appellant and further found 34 quintals and 63 kgs. of juar. The appellant had two houses at Janephal and in one house 3 quintals and 48 kgs. while in the other house 31 quintals and 18 kgs. of juar was found, which was seized by the police. The last declaration of stock which had been given by the appellant was on June 5, 1965.

3. The appellant was tried and convicted on three counts by the Judicial Magistrate, First Class, Mehkar. He was convicted under R. 125 (9),