GOVTOF MYSORE Vs. MAHANTHA DEVARU

JUDGEMENT

(1.) This is an appeal by the State of Mysore under Section 417, Criminal P. C. against the judgment in C. C. no. 749 of 49.50 of the Special First Class Mag. of Nanjangud. The reap, was prosecuted for an offence under Rule 81 4), Defence of India Rules read with Clause (19) of the Articles of Food Acquisition (Harvest) Order, 1949, for having un-authorteedly sold foodgrains.

(2.) The possession & sale of 'Save' is the food-grain concerned in the offence. The Mag on evidence, found that the accused sold 'Save' & in addition, bad in his possession 600 seers of the commodity in two gunny bags kept for sale in the shop & 10 bags of 'Save' were found to have been stored inside the house attached to the shop which was seized by the Police. The accused pleaded that he has not committed any offence either by possession or by sale of 'Save'. 'Save' is not one of the food-grains mentioned in the Harvest Order of 1949 as it stood on 26-1-1950; but it was introduced therein by an order made by the Provincial Govt. in the exercise of their powers under Rules 75 & 81, Defence of India Rules by a notfn. dated 31-1-1950. The learned Mag. held that this notfn. was invalid in-asmuch as it imposes a fresh restriction on the freedom of trade offending Article 301 of Part XIII of the Constitution of India & consequently found that the accused is not guilty & acquitted him.

(3.) Sri V. Krishnamurthy, the learned counsel for the accused, supported the judgment of the Mag. & contended that after the commencement of the Constitution of India, the Provincial Govt. is precluded from passing an order which will affect the provisions of the Constitution. It is argued that under the amendment in question, rights conferred in Part XIII of the Constitution regarding the freedom of trade, commerce & intercourse are affected & that it is only the Parliament that could impose restrictions on the freedom of trade & commerce & if the Legislature of any State peeks to make a law in that respect it must obtain the previous sanction of the President.