NATARAJAN Vs. STATE

JUDGEMENT

(1.) THIS is a criminal revision case filed against the order made by the Second Additional First Class Magistrate of Trichinopoly in C. C. No. 47 of 1951 and confirmed in C. A. No. 124 of 1951 by the Sessions Judge of Trichinopoly.

(2.) THE facts of this case have been fully set out in the judgments of the lower Courts and need not be recapitulated, because there is no dispute concerning the facts before me and two points of law only are taken before me which I shall deal with in the succeeding two paragraphs.

(3.) THE second point taken is one with which we have all become familiar, namely, that there has been a delegation of the powers by the State Government of the powers delegated to them by the Central Government and that consequently the prohibition, by the District Magistrate is 'ultra vires'. Section 4, Essential Supplies (Temporary Powers) Act provides that; 'The Central Government may by notified order direct that the power to make orders under Section 3 shall ..... be exercisable also by .....such Provincial Government or such officeror authority subordinate to a Provincial Government as may be specified in the direction.'