HARLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was convicted under S. 7, Jaipur Opium Act and fined Rs.50. The case as such is trivial but the High Court of Rajasthana in Jaipur granted special leave to appeal as an important point touching the vires of the Act arises. We will state the facts chronologically.

(2.) It is conceded that the Rulers of Jaipur had full powers of Government including those of legislation. On 7-9-1922, the late Maharaja died and at the time of his death his successor, the present Maharaja, was a minor. Accordingly, the Crown representative appointed a Council of Ministers to look after the Government and administration of the State during the Maharaja's minority

(3.) On 11-12-1923, this Council passed a Resolution which purported to enact the Jaipur Opium Act, and the only question is whether the mere passing of the Resolution without promulgation or publication in the Gazette, or other means to make the Act known to the public, was sufficient to make it law. We are of opinion that it was not. But before giving our reasons for so holding, we will refer to some further facts.