JUDGMENT 1. - Both the accused petitioners alongwith one Abdul Gani Daya were convicted by the learned Chief Judicial Magistrate, Banswara, under Section 3/7 of lie Essential Commodities Act for contravention of Clause (3)(a) of the Rajasthan Food Grains (Restrictions on Border Movement) Order, 1959, (for short the order) lad the accused petitioners were sentenced to undergo three months' rigorous imprisonment. The accused-petitioners and Abdul Gani preferred an appeal before the ranted Sessions Judge, Banswara and by his judgement dated June 1, 1977, he dismissed the appeal of the accused petitioners but the appeal of Abdul Gani Ganda was allowed. 2. P. W. 19 Karan Singh was Station House Officer, Police Station, Dohad, District Banswara. In the month of July, 1973, the Superintendent of Police, Bansara, directed him to keep a check on the smuggling of food grains to Gujrat. In the night intervening 24th and 25th of July, 1973, Karan Singh P.W. 19, along with others went to Police-Out-Post Anas and they were keeping a watch on the smugglers. It is alleged that in the morning at about 5.30 A. M. on July 25, 1973, truck No. GTB 6689 came from the side of Dohad. The Truck was driven by accused petitioner No. 1 Abdul Gani and the other petitioner was sitting in it. There 42,1/2 bags of paddy were found. The bags were seized and Karan Singh P. W. 19 sent a report to Police Station Sallopat-District Banswara, where the case was registered and charge I sheet was filed against the accused petitioners and others. 3. The accused petitioners were tried and they were convicted and sentenced 3 as aforesaid and their appeal was dismissed. 4. The contention of the learned counsel for the accused petitioner is that there ; is no evidence on record on which it can be said that Anas Police Out-Post was within , 5 miles of the Gujrat border and therefore, the accused petitioner did not contravene clause (3) of the Order. He submits that the findings of the Courts below that Anas Out-Post was within 5 miles, is based on no evidence. 5. He submits that the findings of the Courts below that Anas Out-Post was within 5 miles, is based on no evidence. 5. "Internal border area" is defined in Section 2(bb) of the Order, and it means the area within the State of Rajasthan lying within a ten mils belt but in relation to the movement of food-grains other than gram or gram products, within a five mile Belt, all along the border of that State adjoining the State of Punjab, Uttar Pradesh, Madhya Pradesh, Maharashtra and Gujarat. "Food-grains" means any of the food-grains specified in the Schedule to the Order. Rice and paddy are the food-grains covered in the Schedule. Under Clause (3) of the Order ; No person shall transport attempt to transport or abet the transport of food-grains : (a) To any place in the internal border area from any place outside that area ; or (b) From any place in the internal border area to any other place in that area prohibited and was punishable. 6. A look at the first information report Exhibit P. 17, which was sent by Karan Singh, Station House Officer, Police Station Sallpot-District Banswara, will how that there is no mention that the truck which was loaded with 42,1/2 bags of paddy was stopped within the internal border area as defined in Section 2 (bb) of the Order. No documentary evidence was filed on behalf of the prosecution that the Police-Out-Post Anas was within 5 miles belt. Only two witnesses were examined on behalf of prosecution, namely P. W, 8 Nathu Singh and P, W. 19 Karan Singh. P.W. 8 Nathu Singh only states that Anas Police-Out-Post is near about 5 miles from Gujrat Border. As per his statement: it cannot positively be said that the Anas Out-Post was within 5 miles from the Gujrat Border. Karan Singh P. W. 19 has no doubt stated that it was within the belt-area but if his entire statement is looked into, no reliance can be placed on it. He admits that it was for the first time that he had gone to Anas Out-Post, therefore, he is not able to say as to whether there is any village near the Out-post. He admits that it was for the first time that he had gone to Anas Out-Post, therefore, he is not able to say as to whether there is any village near the Out-post. He also states that he does not know the distance from Anas Barrier upto Gujrat Border is 15 miles, but still he states that it was in the five mile belt-area, and Monadungar Out-Post is at the distance of 3-4 miles. It cannot, therefore, be said positively that Anas Out-Post was within 5 miles of the Border of Gujrat. Thus the finding of the Court is based on no evidence. In Criminal cases before a liability can be fastened against a person, the prosecution must prove by cogent and reliable evidence that the area where the accused persons were apprehended, with food grains lay within the internal border area. 7. In the result I allow this revision petition and set-aside the judgements of the Courts below in which accused petitioners have been convicted under Section 3/7 of the Essential Commodities Act, 1955 for contravention of Clause (3) of the Order. The accused petitioners are acquitted of the charges levelled against them. They are on bail and need not surrender to the bail-bonds. The order of the Chief Judicial Magistrate, which has been upheld by the Sessions Judge about Confiscation of 42,1/2 bags of paddy is also set-aside. They shall be given to the accused persons. If they have been sold, their price shall be handed over to them. Sd/- M.B. Sharma, J.Revision allowed - Accused acquitted. *******