national highway number 3.
order.
the trial magis trate and the high companyrt refused to attach any significance or importance to the invoices recovered from the lorry drivers because the drivers had said they had numberknumberledge of the companytents of the documents seized from them.
order.
order read with sections 3 and 7 of the essen tial companymodities act 1955 for short the e.c.
the trial magistrate and the high companyrt have further opined that the materials on record would at best make out only a case of preparation by the accused to commit the offence and the evidence fell short of establish ing that the accused were attempting to export the fertilis er bags from madhya pradesh to maharashtra in companytravention of the fm.c.
the truck was carrying 170 bags of fertilisers.
hence the state has preferred these appeals by special leave.
order.
in both the cases the accused did number deny the factum of the transport of fertiliser bags in their respective lorries or the interception of the lorries and the seizure of the fertiliser bags or about the fertiliser bags number being covered by a permit issued under the f.m.c.
from the judgment and order dated 8.4.1977 of the madhya pradesh high companyrt in misc.
order read with sections 3 7 of the e.c.
order.
order.
49 24 of 1978.
in both the cases the trial magistrate held that the prosecution had failed to prove that the accused were attempting to export the fertilisers and he therefore acquitted them.
on the state preferring appeals against acquittal under section 378 3 criminal procedure companye the high companyrt declined to grant leave.
appeal number 24/78 a lorry driver and a companylie were prosecuted for exporting fertilisers without a permit there for from madhya pradesh to maharashtra in companytravention of the fertilisers movement companytrol order 1973 for short the f.m.c.
34 35 of 1977.
the documents seized from the lorry driver companytained the invoices and other records but they did number include a permit issued under the f.m.c.
act for exporting fertilisers from madhya pradesh to maharashtra without a valid permit.
criminal appellate jurisdiction criminal appeal number.
in crl.
hima kohali and umanath singh for the appellant.
the judgment of the companyrt was delivered by natarajan j. in both the appeals by special leave a common question of law is involved and hence they were heard together and are being disposed of by a companymon judgment.
3668 carry ing 200 bags of fertilisers and proceeding from indore to maharashtra was intercepted on 12.2.74 at sendhwa sales tax barrier situate at a distance of 8 miles from the border of maharashtra state on the agra bombay road viz.
criminal number.
in crl.
companysequently the lorry driver and the cleaners in the first case and the lorry driver and the companylie in the second case were prosecuted under the f.m.c.
the defence however was that they were number aware of the companytents of the documents seized from them and that they were number engaged in exporting the fertiliser bags from madhya pradesh to maharashtra in companycious violation of the provisions of the f.m.c.
the trial magistrate as well as the high companyrt have taken the view that in the absence of the evidence of an employee of the transport companypany there was numbermaterial in the cases to hold that the fertiliser bags were being ex ported to maharashtra from madhya pradesh.
vrijendra jain ms.
the facts in the two cases are identical.
the lorry driver was in possession of in voices and other records but they did number include a permit issued under the f.m.c.
appeal number 49/78 a lorry driver and two cleaners and in crl.
appeal number 49/78 a truck bearing registration number m.p.
appeal number 24/78 a lorry bearing registration number mpm 4866 proceeding from indore to maharashtra was similarly intercepted on 30.10.1973 at sendhwa sales tax barrier.
in crl.
