TMI Blog1961 (9) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... he bags contained wheat got the boat stopped midstream. The Senior Marketing Inspector Sri C.B. Dube was called and he made an analysis of the grain. It was found that the proportion of wheat in the mixture was 18 per cent as against 2 per cent the movement of which was permissible under the Order. The boat was brought back to the Kalpi side of the river and Om Prakash Bajpai lodged the written report Ex. Ka-2 at the police station at 7-30 p.m. During the time Om Prakash had gone to the police station Ram Charan slipped away. He could not be arrested and proceedings under Sections 87 and 88 Cr. P. C were taken against him. Subsequently he surrendered in court. 3. The case for the prosecution was that Ram Charan by attempting to transport the mixture of grain containing more than 18 per cent of wheat contravened the provisions of the Order and committed am offence under Section 7 of the Essential Commodities Act. 4. The trial court found the respondent Ram Charan guilty and sentenced him to six months' R. I. and ₹ 100/- fine. The 72 bags of grain were ordered to be forfeited to the State. 5. In appeal the learned Sessions Judge held that as the boat in which the 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of those steps which lead immediately to the commission of the offence, although nothing be done or omitted which of itself is a necessary constituent of the offence committed. The learned Judge however observed that he arrived at that conclusion not without some doubt and that he considered the endorsement no part of the document intended to be forged and that the act of the accused in procuring the endorsement could not immediately lead to the forgery. 9. The next case is the Queen Empress v. Dhundi ILR All 303. The case is distinguishable as the person upon, whom the fraud had to be perpetrated had not been approached in any manner by the accused Dhundi. 10. The case strongly relied upon by the State is In the matter of R. Mac Crea ILR All 173. Dissenting from 4 NWP 46 (supra), it was held that Section 511 was never meant to cover only the penultimate act towards completion of an offence and not acts precedent; if those acts were done in the course of the attempt to commit the offence, are done with the indent to commit it and done towards its commission. It was further observed : It is no doubt most difficult to frame a satisfactory and exhaustive definition wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ke them, but she refused saying that she was afraid for her own, life and that the powder irritated her tongue. Thereupon he asked her to open her mouth, and approached her with the bottle, and took hold of her chin. But she snatched the bottle from him and cried out loudly, and her father and some neighbours came, and the accused fled. It was found that neither the powder nor the liquid was harmful. If was held that the accused could not in law be convicted of an attempt to cause miscarriage, as what he did was not an act done towards the commission of the offence of causing a miscarriage. Neither the liquid nor the powder being harmful they could not have caused a miscarriage. The appellant's failure was not due to a factor independent of himself. It follows as a necessary corollary that if the failure to commit the offence is due to circumstances independent of the volition of an accused person then there is an attempt under Section 511 I. P. C. This is clearly brought out by the illustrations to the section. Illustrations A and B are as follows : (A) A makes an attempt to steal some jewels by breaking open a box and finds after so Opening the box that there is no jewel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions of the accused, or because the offender of his own free will desisted from completion of his criminal purpose for some reason other than mere change of mind . This is in substance the Indian law also. 15. While, in our view, it is not possible to give a precise or exhaustive definition of attempt it may be broadly staged that an intentional act which a person does towards the commission of an offence but which fails in its object through circumstances independent of the volition of that person is ''attempt . 16. Applying the above principle to the present case there can be no manner of doubt that the respondents act amounted to an attempt to transport the grain to another block across the Jamuna in contravention of Clause (3) of the Order, and but for the interruption caused by the Assistant Marketing Inspector the commission of the offence would have been complete. 17. The question is if Clause (3) of the Order is hit by Article 19(1)(g) 301 302 and 303 of the Constitution. Clause (3) of the Order reads : No person shall move or attempt to move or abet the movement of wheat from any place in a block of district specified in the Schedule to this Or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not deprive a citizen of the right to dispose of or transport cotton textiles purchased by him. It requires him to take a permit from the Textile Commissioner to enable him to transport them. The requirements of a permit in this regard cannot be regarded as an unreasonable restriction on the citizen's right under Sub-clause (f) and (g) of Article 19(1). If transport of essential commodities by rail or other means of conveyance was left uncontrolled it might well have seriously hampered the supply of these commodities to the public. The contention therefore that the clause is invalid as abridging the rights of the citizen under Article 19(1) of the Constitution was not upheld. t was further laid down : The policy underlying the Order is to regulate the transport of cotton textiles in a manner that will ensure an even distribution of the commodity in the country and make it available at a fair price to all. The grant or refusal of a permit is thus to be governed by this policy and the discretion given to the Textile Commissioner is to be exercised in such a way as to effectuate the policy. The conferment of such a discretion to the Textile Commissioner under Clause 3 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itory of India as may be required in the public interest, but subject to the provisions of Article 303(1). 21. It is urged on behalf of the respondent that in so far as Clause 3 of the Order prohibits the movement of wheat from one block to another except milder a permit granted by the State Government or by an officer appointed by the State Government, there is a preference in favour of the State of Uttar Pradesh and consequently discrimination against the other States. We are unable to agree with this contention. The Order regulates the movement of wheat within the State and an order regulating trade and commerce within the State falls under Entry 26 of List 2 of Schedule VII of the Constitution and does not impinge upon Entry 42 of List I--Inter-state trade and commerce. The instant case is clearly distinguishable from Atiabari Tea Co. Ltd. v. State of Assam [1961]1SCR809 . The restrictions contemplated under Article 301 are restrictions having direct and immediate effect of giving preference to one State over another or making or authorising the making of any distinction between one State and another as distinct from creating indirect or consequential impediment As observed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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