The last declaration of stock which had been given by the appellant was on June 5, 1965.
The sentences of imprisonment on each companynt were directed to run companycurrently.
The appellant was tried and companyvicted o.n three companyrts by the Judicial Magistrate, First Class, Mehkar.
Appeal by special leave from the judgment and order dated March 7, 1967 of the Bombay High Court, Nagpur Bench in Criminal Revision Application No.
He then filed a revision before the High Court.
306 of 1966.
193 of 1967.
of juar was found, which was seized by the police.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
N. Dikshit, S.K. Bisaria appellant.and R.N. Sachthey, for the appellant.
R. Khanna and S.P. Nayar, for the respondent.
On this information the police raided the houses of the appellant and further found 34 quintals and 63 kgs of juar.
On being questioned they informed the police that they had purchased all this quantity of juar from the appellant at the rate of 78 paise per kg.
The Judgment of the Court was delivered by Sikri, J. This Court granted special leave to appeal in this case limited to the following two points 1 whether the companyfiscation of the foodgrains in the house of the appellant was legal and 2 whether r. 141 2 of the Defence of India Rules 1962 is number ultra vires the Defence of India Act.
The appellant had two house.s at Janephal and in one house 3 quintals and 48 kgs while in the other house 31 quintals and 18 kgs.
The facts relevant to the first point are as follows Certain shpherds belonging to a wandering tribe were apprehended by the police one night while they were carrying 12 baggages companytaining juar on the backs of 12 horses.
