Atma Charan, J.C.
1. The admitted facts of the case are that the accused-applicants had in their possession 'cloth' exceeding ten pounds in weight each at the Beawar Railway Station and bad purchased tickets from Beawar to Bijainagar. Both Beawar and Bijainagar are situated within the Province of Ajmer-Merwara. The contention, as such, on behalf of the accused-applicants before the court is that under para. 3 of General permit No. l appended to Notification no. 1o1/19-Tex 1/48, dated cloth November 1948, the accused-applicants could have taken 'cloth' without any restriction of weight from any place in one zone to any other place in that zone. Paragraph 3 reads that 'any person may transport... by road, air, sea...or as a railway parcel by a passenger train any 'cloth'...from any place in any zone...to any other place in the same zone.' The accused-applicants accordingly could have transported 'cloth' without any restriction of weight from any place in one zone to any other place in that zone by a passenger train provided the 'cloth had been booked as a railway parcel. They could not have transported 'cloth' exceeding ten pounds in weight each by a passenger train unless it was booked as a railway parcel.
2. The contention on behalf of the accused. applicants further is that after purchasing their tickets they intended to book the 'cloth' as a railway parcel but before they could do so they were hauled up by the police. (After discussing the evidence his Lordship gave the accused the benefit of doubt and acquitted them.)