JUDGMENT

BHAGWATI, J.:— This appeal by special leave is directed against an order passed by the High Court of Rajasthan confirming the conviction and sentence recorded against the appellant by the special Judge. Bharatpur, under Section 165-A of the Indian Penal Code.

2. The incident giving rise to the prosecution against the appellant took place within an area in the State of Rajasthan lying within a 10 mile belt along the border of that State adjoining the State of Uttar Pradesh. There was at the material time in force. Rajasthan Foodgrains (Restrictions on Border Movements) Order, 1959 which imposed a ban on transport of foodgrains to any place within the area of this 10 mile belt from any place outside that area except under and in accordance with a permit issued by the State Government or by any officer authorised by the Government in this behalf. This order was issued under Section 3 of Essential Commodities Act, 1955, and any contravention of this provision was punishable under Section 7 of that Act. The prosecution case was that on the night between 13th and 14th November 1966, Head Constable Ram Singh and four other police constables viz., Kishan Singh, Fateh Singh, Hira La