( 1 ) THIS is a petition for revision of an order of a learned Additional Sessions Judge setting aside a conviction and ordering a retrial.

( 2 ) THE petitioner was charged under Section 7, Essential Supplies Act, for contravention of para. 4 (1), West Bengal Cloth and Yarn Movement Control Order, 1947. He was found guilty by a learned Magistrate and was sentenced to two years' rigorous imprisonment and to pay a fine of Rs. 1000. In default of payment of the fine he was ordered to undergo a further period of six months' rigorous imprisonment. Certain cloth which was the subject matter of the prosecution was ordered to be confiscated.

( 3 ) THE case for the prosecution was that the petitioner came to Bongaon which is near the frontier between India and Pakistan on 28-11-1947 bringing with him ten bales of new textiles goods which were loaded in a truck. On 29-11-1947 the petitioner went to the Bongaon Police Station and sought for permission to move the goods from India into Pakistan. The Police referred the matter to the Sub-Divisional Officer who ordered the petitioner to be prosecuted as he had failed to produce any permit; or authority for the movement of the g