ULWAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS is a revision application by Ulwar Singh to challenge his conviction of an offence punishable under Section 6 of the U. P. Control of Supplies (Temporary Powers) Act, 1947, as re-enacted under Section 2 of the U. P. Control of Supplies (Temporary Powers) Act, 1953, and continued in force by Act VIII of 1955 for contravention of Clause 3 (2) of the U. P. Bricks Control Order, 1956 (to be referred hereinafter as the Order ). He has been awarded a fine of Rs. 1000/and at the same time the stock of bricks burnt by him in contravention of the Order was forfeited.

(2.) THE facts of the case are not in dispute. They are that the applicant burnt bricks for sale with firewood without obtaining the permission of the District Magistrate as was necessary under Clause 3 (2) of the Order. However, it was asserted in defence that he had burnt the bricks after obtaining a licence from the Gram Panchayat. Such a licence, if obtained, could not exonerate him of the offence. In other words, the order of conviction can be set aside only if the order is unconstitutional.

(3.) THE learned Advocate for the applicant has challenged the validity of the Order on the ground that unrestrained and arbitrary powers have been given to the District Magistrate to grant or not to grant permission for burning bricks without firewood or any other kind of fuel. It is said that the Order infringes Articles 14 and 19 of the Constitution of India, and is consequently invalid.