1. - Both the accused petitioners alongwith one Abdul Gani Daya were convicted by the learned Chief Judicial Magistrate, Banswara, under Section 3/7 of lie Essential Commodities Act for contravention of Clause (3)(a) of the Rajasthan Food Grains (Restrictions on Border Movement) Order, 1959, (for short the order) lad the accused petitioners were sentenced to undergo three months' rigorous imprisonment. The accused-petitioners and Abdul Gani preferred an appeal before the ranted Sessions Judge, Banswara and by his judgement dated June 1, 1977, he dismissed the appeal of the accused petitioners but the appeal of Abdul Gani Ganda was allowed.

2. P. W. 19 Karan Singh was Station House Officer, Police Station, Dohad, District Banswara. In the month of July, 1973, the Superintendent of Police, Bansara, directed him to keep a check on the smuggling of food grains to Gujrat. In the night intervening 24th and 25th of July, 1973, Karan Singh P.W. 19, along with others went to Police-Out-Post Anas and they were keeping a watch on the smugglers. It is alleged that in the morning at about 5.30 A. M. on July 25, 1973, truck No. GTB 6689 came from the side of Dohad. The Truck was driven b