Law: Criminal Procedure Code (V of 1898)

Section: 356(3)

Law: Criminal Procedure Code (V of 1898)

Section: 356(3)

Law: Essential Supplies (Temporary Powers) Act, 1946

Section: 7

Criminal trial-Full of irregularities-Magistrate failing to prepare memorandum of evidence as required by S. 356 (3) Cr. P C- Charge under S. 7 Essential Supplies (Temporary Powers) Act (XXIV of 1946) not mentioning clauses of relevant orders contravened-Incidents, irrespective of whether they formed part of a single transaction, combined-Punjab Wheat (Mandi Control and Procurement) Order, 1952-Punjab Food-grains (Licensing Control) Order, 1952-Judgment instead of forfeiting flour seized, directing the Assistant Food Controller to purchase the flour from the accused-Order without jurisdiction-Re-trial ordered. The facts of the case as reported by the District Magistrate were as follows:- On 13th May 1953, Muhammad Bashir accused loaded 93 bags of wheat-ata on the carts of Iqbal Ahmad, Ali Shan, Sabir Hussain, Manzur Hussain, Muhammad Khan and Muhammad Shafi accused. He gave them a ruqa addressed to Maqbul Hussain of Gurh-gali Rawalpindi. While this quantity of Ata was being transported from Gujarkhan to Rawalpindi, Iqbal Khan and Ali Shan accused were caught near the Petrol Pump by Mr. Abdul Waheed, Assistant Food Controller in the presence of two other persons A report was made to the police by means of a ruqa. A case was registered and the remaining bags of wheat were also re­covered from the possession of the other accused at Rewat. The accused were challaned. During their trial, all the ac­cused pleaded guilty to the charge and having regard to their voluntary confessions and other evidence on the, file all the accused were convicted under section 7 of the Essential Supplies Act for the contravention of the provisions of Punjab Food-grains (Licencing Control) Order, 1952. Muhammad Bashir accused was sentenced to a fine of Rs. 200 while the other accused were sentenced to a fine of Rs. 50 each. The Magistrate ordered the return of the Ata taken into possession to Muhammad Bashir accused and gave a direction that the accused should sell the same to the Assistant Food Controller Gujarkhan. The proceedings are forwarded for revision on the following grounds:- 1. That the learned Magistrate hag awarded an inadequate sentence of fine and has given no reasons for…

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