JUDGMENT 1. - This state appeal is directed against the judgment dated 31.10.81 accused respondent herein of offence under Section 332 I.P.C. and 3/7 of the Essential Commodities Act. 2. The prosecution case is that on 12.5.1975 at 3 a.m. one Himmat Singh, Enforcement Inspector filed a written report at Police Station, Sanchor to the effect that on 12.5.1975 at 2.45 a.m. one truck No. R.S.Q. 5178 coming from the Sanchore stopped at the Check Post barrier at Pratappura, which was searched in presence of the officials of check post and S.H.O. Check Post, Pratappura. In checking the truck was found to carrying rice bags. The driver of the truck tried to run away but, Himmat Singh took out the key and stopped the truck. Bags of rice were seized. On this information, Police registered a case under Section 3/7 of the Essential Commodities Act for the contravention of Rajasthan Food grains (Restriction on border movement) Order, 1959. After usual investigation, Police submitted charge sheet against the accused respondent herein for the said offence. 3. The trial court found that in the Order of 1959, the border area is of 5 miles and the Pratappura check post is 5 to 6 miles away from the Gujarat Border in the State of Rajasthan. On relying the decision of this court reported in 1975 RLW 5 the court held that since the truck was found even in the internal border area, it cannot be said that the accused person has smuggled rice to the State of Gujarat. The view taken by the Magistrate is based on the decision of this Court. 4. In my view, there is no infirmity in the order of acquittal. Consequently, the appeal being devoid of force is rejected.Appeal rejected. *******