P.B.MUKHARJI, P.N.MUKHERJEE
BADRI PROSAD – Appellant
Versus
STATE – Respondent
( 1 ) THIS is an application for bail under Section 498, Criminal P. C. The central question in this application is, how far the powers of the Court to grant bail have been cut down by Section 13a, Essential Supplies (Temporary Powers) Act, as amended.
( 2 ) IT is necessary to state briefly the relevant facts leading up to this application. The petitioner is an accused charged under Section 7 (2), Essential Supplies Act. The prosecution case, briefly, is that on the morning of 14-10-1951 at about 5/15 A. M. the petitioner was found driving lorry No. CH-1746 containing bags of rice coming along the Grand Trunk Road from Magra side being piloted by another lorry No. CH-519 which was proceeding a little ahead of lorry No. CH-1746. On this lorry No. 1746 was found rice weighing 151 mds. contained in 77 hags. This lorry was being driven by the petitioner and there was another man named Lakshminarayan, who was sitting by the side of the petitioner who was driving the lorry. The prosecution case is that neither the petitioner nor Lakshminarayan could produce any licence or permit. The petitioner was accordingly charged under Section 7 (2), Essential Supplies Act for v
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