HANSRAJ MOOLJI Vs. STATE OF BOMBAY

JUDGEMENT

(1.) This appeal with special leave under Art. 136 of the Constitution raises the question whether the High Denomination Bank Notes (Demonetization) Ordinance of 1946 (Ordinance No.III of 1946) promulgated by the Governor- General of India on 12th January 1946, was in operation on 11th July 1953 when the offence under S.7 read with S.4 thereof was committed by the appellant herein.

(2.) The appellant who was the accused No. 1 before the Additional Chief Presidency Magistrate's Court, Bombay, was charged along with the accused Nos. 2,3,5 and 6 with having on or about 11th July 1953, transferred by sale 10 High Denomination Bank Notes of the Denomination of .Rs. 1000 each to one Velji Lakhamashi Joshi for Rs. 1,800 at the rate of Rs. 180 per note and thus contravened the provisions of S.4 of the Ordinance and committed an offence punishable under S.7 of the Ordinance read with S.109. I.P.C.

(3.) A preliminary objection was urged by the learned counsel for the appellant that the said Ordinance was not in operation at the date when the offence was alleged to have been committed and that therefore the prosecution was not maintainable. This objection was overruled by the learned Presidency Magistrate and the trial ended in the conviction of the appellant along with the co-accused of the offence with which they had been charged. The appellant was sentenced to pay a fine of Rs. 8,000 and in default suffer six months' rigorous imprisonment and the co-accused of the appellant were awarded varying sentences of fine with which however we are not concerned.