RAY, C. J.

( 1 ) THIS appeal is directed against an order of acquittal recorded by Rai bahadurcharu Chandra Coari, Ses. J. Cuttack, in Cr. App. No. 70-C of 1947, reversing the order of conviction passed by the Sub-Divisional Mag. Jaipur, in the case of Emperor v. Tustipada Mandal and 5 others, under Schedule 0, Orissa essential Articles Control and Requisitioning (Temporary Powers) Act (I [l] of 1947 ).

( 2 ) THE reaps, six in number, belong to the dist. of Burdwan in the Province of bengal. They were prosecuted for attempting to transport 21 bullocks from the province of Orissa in contravention of cl. 3, Orisaa Livestock (Control of movement and Transactions) Order 1917, made and promulgated in exercise of the powers conferred by Schedule , Orissa Essential Articles Control and requisitioning (Temporary Powers) Act 1947, in supersession of all existing orders on the subject, by the Govt. of Orissa. On 2-6-1947, the resps. were found passing through Dharmasala (in the dist. of Cuttaek) en-route Bhadrak with 21 heads of cattle (bullocks), purchased on different dates by one or other of them in different districts of Orissa. They were avowedly moving and transporting cattle to the