The presumption of innocence in favor of the accused continues to apply even in cases where bail is sought under Section 13A of the Essential Supplies Act. Mens rea is an essential element of the offense under Section 7(2) of the Act and the prosecution must prove mens rea before a conviction can be obtained.

( 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 violation of Rule 10 (1) and 3, Bengal Foodgrains Control Order, 1945.

( 3 ) THE defence for the petitioner is that he had no guilty knowledge and, in fact, he had no knowledge whatever that there was no requisite permit for these bags of rice. It is his case that he was only the driver of this lorry which was hired by the owner of these bags of rice. In fact before the Sessions Judge at Alipore in his petition for bail he states that he took the lorry to Pandua to collect sand and was waiting on the road when a Bengali business man describing himself as a registered dealer in rice engaged him to carry the rice from Kalna Road to Chanditala and in fact a paper was shown to the petitioner by the owner, which paper was described to be a permit. The petitioner started the lorry from Kalna Road at about 4 A. m. and the lorry was checked at Magra and he states that the permit was shown to the officer and the lorry was allowed to run. Thereafter the lorry was stopped by a police officer and on the sight of the police officer the owner of the rice ran away and the petitioner was apprehended. The petitioner states that having been questioned by the police he stated all these facts before the police and in fact drew their attention to the owner who was still then running. In his petition before us, he has repeated the same facts stating that he had no reason to suspect that the owner of the bags had not the necessary permit or licence. He has also alleged that the owner of the bags was seated on the lorry and when the vehicle was stopped by the police he made himself scarce in the confusion. In short, the defence is that the petitioner is a mere carrier and he has no guilty knowledge or the necessary mens rea to be charged with any offence under the Statute.

( 4 ) THE petitioner moved for bail before the Magistrate but his application was rejected. He thereafter moved the Sessions Judge unsuccessfully. On 22-10-1951, the Judge in vacation made an order to the effect that as the bags of rice in question were found in the lorry which was driven by the petitioner there were no reasonable grounds for believing that the petitioner was not guilty in the circumstances. Thereafter on 22-11-1951, he moved also the Sessions Judge when the learned Sessions Judge refused to enlarge him on bail on the ground that there was no reasonable ground for believing that the accused was not guilty in respect of the offence said to have been committed under the Act. The petitioner now moves us for bail.

( 5 ) THE whole question in this application turns upon the construction of Section 13a, Essential Supplies Act. That section was introduced by Act 62 of 1950. It purports to make special provisions regarding bail of persons, accused or convicted of an offence under 8. 3 of the Ac