VISHWA MITTRA Vs. STATE

JUDGEMENT

(1.) THE Applicant Vishwa Mitra has been convicted under Section 6 of the U. P. Control of Supplies (Temporary Powers) Act of 1947 for contravention of paras 4 and 7 of the U. P. Cement Control Order of 1948 and has been sentenced to a fine of Rs. 750/ -. It is alleged that he sold cement to one Sisram on the 10th July, 1953, though he had no licence for the same.

(2.) IT has been contended on behalf of the applicant that Act No. II of 1947 was not in force on the date of the commission of the alleged offence and as such the applicant could not have been convicted under it. It was also contended that the Cement Control Order was invalid as the Act under which this order had been promulgated, had already expired long before.

(3.) ACT No. II of 1947 was passed originally for a period of one year and it expired on the 30th September, 1947. Its life was extended for another year by ordinances issued by the Provincial Government. In 1948 Act No. 43 of 1948 known as U. P. Control of Supplies (Continuance of Powers) Act was passed which provided that the U. P. Control of Supplies (Temporary Powers) Act of 1947 would be continued until the 30th September, 1950 and the provision under Section 6 of the U. P. General Clauses Act of 1904 would apply on its expiry if it had been then repealed by the U. P. Act. This Act was passed on the 9th October, 1948 and came into force from that date. Thereafter Act No. 30 of 1950 was passed on 25th October, 1950 which was in similar terms as Act No. 43 of 1948. The object of this latter Act was to extend the life of the U. P. Control of Supplies (Temporary Powers) Act of 1947 till the 30th September, 1952. Act No. 30 of 1950 was in force on the date on which the offence in question was committed.