Happell, J.

1. The petitioner in this criminal revision case was convicted by the Sub-Divisional Magistrate of Kollegal of an offence Under Rule 81(4), Defence of India Rules and sentenced to pay a fine of Rs. 50. The learned Sub-Divisional Magistrate also directed that a cart load of chillies which was the subject-matter of the offence should be confiscated. The propriety of the conviction is not now canvassed but it is contended that the order of confiscation is illegal. On 16th July 1943, the Collector of Coimbatore made an order Under Rule 81(2), Defence of India Rules, in these terms:

On and after 19th July 1943, no person shall export chillies by road or rail from any place within the limits of the Coimbatore District to any place outside the limits of the said district within the Madras province except under and in accordance with the terms of a permit from the Collector of this district or any other officer specially authorized by him in this behalf.

2. It was for attempting to export chillies from out of the Coimbatore District in contravention of this order that the petitioner was convicted. Rule 81(4) provides the punishment for a contravention of any order made Under