LODHA, J.—The respondents Karna, Jora and Navla were tried by the Sub-Divisional Magistrate, Bhinmal, for an offence under sec. 3/7 of the Essential Commodities Act, 1955 read with the Rajasthan Food-grains (Restrictions on Border Movement) Order, 1959 and each of them was convicted under the said offence and contended to three months simple imprisonment and a fine of Rs. 100/, in default of payment of fine to undergone one months simple imprisonment. The subject-matter of the offence namely, wheat, seized from them was also ordered to be confiscated,

2. Aggrieved by their conviction and sentences, the accused filed an appeal and the learned Additional Sessions Judge, Jalore, by his judgment dated 20.9.68 set aside their conviction and sentences and acquitted them. Consequently, the State has filed this appeal from the said order of acquittal.

3. After having gone through the relevant record, we are satisfied that it is proved beyond all manner of reasonable doubt that the three accused respondents were found carrying wheat on camels on the night between 3rd and 4th November, 1965 from their village Hadecha Richavadi towards the village Radaka in the State of Gujarat and that the pla

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