Judgement

GROVER, J. :- This is an appeal by special leave from a judgment of the Patna High Court.

2. The appellants were convicted under Section 7 of the Essential Commodities Act 1955 read with the relevant provisions of the Bihar Foodgrains (Control Movement) Order 1957. They were sentenced to undergo rigorous imprisonment for 18 months and to pay a fine of Rupees 250/- each. In default they were to undergo further simple imprisonment for two months. 64 Maunds of Paddy which was seized from them was ordered to be forfeited. They filed an appeal to the Sessions Court which was dismissed and their conviction and sentences were upheld. The High Court was moved in revision. The convicted of each one of the accused persons was maintained as also the sentences of imprisonment but the sentence relating to fine was set aside.

3. The facts are not in dispute. The appellants before us are all cultivators and they live on the border of Bihar and West Bengal. They cultivate lands in Mouza Jalalpur (a village in the State of Bihar). They also have lands in village Farakka which is in the State of West Bengal. On December 23, 1963 at about 8 a.m. in the morning they were carrying 64 maunds of Paddy in 7 bullock carts. It is claimed that each one of the appellants was carrying his own paddy in his bullock cart and was driving it himself. It is alleged that they were intercepted by the Assistant Sub-Inspector S. K. Jha while they were only 75 yards from the border of West Bengal. When questioned by that Police Officer the explanation that they gave was that they were taking the paddy to village Faridpur which is another village in the State of Bihar. This was being done pursuant to their commitment with one Sheikh Usman Gani who was produced as D. W. 2.

4. Both the prosecution and the defence examined certain witnesses. D. W. 2 Usman Gani stated that he had advanced a sum of Rupees 1,000/- to the appellants and the paddy was being carried to his village Faridpur. The other defence evidence was also to the same effect. However, the defence evidence was not believed. The High Court observed that an attempt had been made on behalf of the defence to show that village Faridpur was to the east of the place of occurrence on the road leading to the West Bengal but no reliance could be placed on the defence evidence. The High Court proceeded to say :

"It is true that there is some confusion in the statement of some of the prosecution witnesses but it appears that the evidence of P.W. 6 Assistant Sub-Inspector of Police, Shobhakhant Jha is only accurate but also acceptable."

The particular portion relied upon was extracted. It was to the effect that the place where the accused persons had been caught was a kacha road running from west to east and was known as Jalalpur-Tildanga Road. Tildanga was within the State of West Bengal at a distance of 75 yards towards east from the place where the accused persons were surrounded and caught. The learned Judge of the High Court felt that the Police Officer had not been cross-examined on the point whether in between the place where the carts were seized and the West Bengal border there lay any other village. It was pointed out that the appellant were residents of West Bengal..

5. Learned counsel for the appellants has invited our attention to the statement of A.S.I.S.K. Jha who was posted at Barhawah Police Station on December 23, 1963. The following portion of his statement in cross-examination may be reproduced :

"I do not remember of any village known as Faridpur within Barharwa P. S. Village Ladhopara is about 50 yards from the place where I caught the accused persons i.e. the P.O. I do not remember the names of Villages, if any, lying within the four sides of Village Ladhopara but there are certain villages towards west. I do not exactly remember of any village on other side of Ladhopara. I can t say if there is any village towards east of Ladhopara."

6. A great deal of emphasis has been laid on the manner in wh