P N VISWANATHA RAO Vs. STATE

JUDGEMENT

(1.) This petition has been filed by the accused to quash the proceedings pending in C.C. No. 627 of 1969 on the file of the Sub Divisional Magistrate, Poonamallee on the ground that the prosecution under the following two charges was not maintainable. The charges framed against the Petitioner are as follows:

(2.) Before these charge were framed on the charge sheet filed by Maduraivoyal Police, the Petitioner raised a preliminary objection before the Sub Divisional Magistrate that the prosecution under R. 5 (b) of the Madras Bricks (Control of Price and Supply) Order 1963 was barred, in view of the fact that this order was subsequently cancelled by another order in 1965 and that the Essential Commodities Act made applicable to bricks as essential commodity in 1966 had not saved the prosecution which had already become barred by virtue of the notification of cancellation of the earlier order in 1965. The Sub Divisional Magistrate framed charges making a note that this objection could be considered later. Hence this petition for quashing the charges in the proceedings has been filed.

(3.) The above two charges were framed alternatively for contravention of R. 5 (b) of the Madras Bricks (Control of Price and Supply) Order, 1963. In the first charge, Rule 125(9)(a) of the Defence of India Rules, 1962 was invoked for punishment and for the second charge, S. 7 (1) (a) (ii) of the Essential Commodities Act was invoked for punishment. The learned Sub Divisional Magistrate appears to have a doubt in his mind whether violation of Cl. 5 (b) of the Madras Bricks (Control of Price and Supply) Order, 1963, could be made punishable either under Defence of India Rules or under the Essential Commodities Act.