Imam, J.

1. There are two petitioners, namely, Eishi alias Rishi Padda Dutta and Thakur Kishku. They were tried and convicted by Mr. J. N. Sinha, Magistrate, first class, at Jamtara under Section 7, Essential Supplies (Temporary Powers) Act, 1946, and sentenced to undergo rigorous imprisonment for six months each. They preferred an appeal against their conviction and sentence to the court of the Sessions Judge at Dumka. The learned Sessions Judge maintained the sentence, but altered the conviction under Section 7 of that Act to one under Section 8 of the same Act.

With the exception of this modification, the appeal was dismissed. Against the order of the learned Sessions Judge dismissing these petitioners appeal, the petitioners moved this Court in revision.

2. The prosecution case, in short, is that on 15-2-1952 at about 7 p.m. the learned Sub-divisional Magistrate of Jamtara, namely, Sri As Haseeb was returning in a jeep from Maithon dam and was crossing the Barakar river. It is alleged that he found two carts proceeding towards the said river and that each cart contained four bags of rice, each bag weighing about two maunds. The prosecution case further is that Khare Kis