Karnataka Court December 1949 Judgments

D. Ramachandriah Vs. Government of Mysore

Court: Karnataka

Reported in: AIR1950Kant10; AIR1950Mys10

ORDER1. In C.C. No. 23 of 1948-49 on the file of the Special First Class Magistrate, Tumkur, the petitioner along with four others was prosecuted for having contravened Rule 81 (2) read with Rule 121, Defence of India Rules and also the Notification No. F.F. 169 dated 4th October 1948 issued by the District Magistrate, Tumkur District, on the ground that a certain quantity of rice without a permit was being transported from Tumkur to Bangalore. Accused 1 was the driver of the lorry, and accused 2 and 3 were the servants seated in the lorry, at the time the lorry was stopped the luggage was checked and seized on the way between Tumkur and Bangalore, Accused 4 was alleged to be the person who despatched the rice from Tumkur, and the petitioner was accused 5 said to be the owner of the lorry. The learned Magistrate acquitted accused 4 giving him the benefit of doubt but convicted all the rest. Accused 1 to 3 have not challenged the conviction, but the petitioner contends that on the facts...