TMI Blog1998 (11) TMI 651X X X X Extracts X X X X X X X X Extracts X X X X ..... Barrier along with Head Constable Badan Singh and others. The appellant Malkiat Singh then came driving truck no. P.N.U. 967. Babu Singh was the cleaner of that truck. The truck carried 75 bags of paddy weighing about 140 maunds. As the export of paddy was contrary to law, the Sub Inspector took into possession the truck as also the bags of paddy. It is alleged that the consignment of paddy was booked from Lakerkotla on October 18, 1961 by Qimat Rai on behalf of Messrs Sawan Ram Chiranji Lal. The consignee of the paddy was Messrs Devi Dayal Brij Lal of Delhi. It is alleged that Qimat Rai also gave a letter, Ex. P-3 addressed to the consignee Sawan Ram and Chiranji Lal were partners of Messrs. Sawan Ram Chiranji Lal and they were also prose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Section 7 states: 7. (1 ) If any person contravenes any order made under section 3-- (a) he shall be punishable-- (i) in the ease of an order made with reference to clause (h) or clause (i) of subsection (2) of that section, with imprisonment for a term which may extend to one year and shall also be liable to fine, and (ii) in the case of any other order, with imprisonment for a term which may extend to three years and shall also be liable to fine: Provided that if the Court is of opinion that a sentence of fine only will meet the ends of justice, it may, for reasons to be recorded, refrain from imposing a sentence of imprisonment; and (b) any property in respect of which the order has been contravened or such part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ulgated the Punjab Paddy (Export Control) Order. 1959 in exercise of the powers conferred by s. 3 of the Essential Commodities Act. 1955. Para 2 of this Order states: 2. Definitions.--In this Order, unless the context otherwise requires,-- (a) export means to take or cause to be taken out of any place within the State of Punjab to any place outside the State. (b) paddy means rice in husk; (c) State Government means the Government of the State of Punjab. Para 3 of the Order provides as follows: Restrictions on export of paddy.--No person shall export or attempt to export or abet the export of paddy except under and in accordance with a permit issued by the State Government or any officer authorised by the State Go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ifferent from attempt to commit it. The preparation consists in devising or arranging the means or measures necessary for the commission of the offence. On the other hand, an attempt to commit the offence is a direct movement towards the commission after preparations are made. In order that a person may be convicted of an attempt to commit a crime, he must be shown first to have had an intention to commit the offence, and secondly to have done an act which constitutes the actus reus of a criminal attempt. The sufficiency of the actus reus is a question of law which had led to difficulty because of the necessity of distinguishing between acts which are merely preparatory to the commission of a crime, and those which are sufficiently proxima ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o attempts to contravene, or abets a contravention of, any order made under section 3 shall be deemed to have contravened that order . But there is no provision in the Act which makes a preparation to commit an offence punishable. It follows therefore that the appellants should not have been convicted under s. 7 of the Essential Commodities Act. For these reasons we allow this appeal and set aside the conviction of the appellants under s. 7 of the Essential Commodities Act and the sentence of fine imposed upon each of them. We also set aside the conviction and sentence of Qimat Rai and the order of forfeiture passed by the trial Magistrate with regard to 75 bags of paddy and truck no. P.N.U. 967. The fines, if paid by any of the convicte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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