AMIR CHAND Vs. STATE

JUDGEMENT

(1.) This is an application in revision by Amir Chand who has been convicted under Section 7 of the Essential Supplies (Temporary Powers) Act,. 1946 (No. XXIV of 1946) for contravention of Clause 6(A) of the Cotton Textiles (Control) Order 1948 and Clause 4 of the U. P. Controlled Cotton Cloth and Yarn Dealers'" Licensing Order, 1948 and sentenced to three months' rigorous imprisonment and to a fine of Rs. 2007/- or in default to rigorous imprisonment for further one month.

(2.) The facts giving rise to this application are these: The applicant held a temporary licence in Form P tenable upto 21st of June, 1951 to carry on business for storing cloth. The license had expired before the 10th of July, 1951 on which date he was found selling a sari to one Sukhan for a sum of Rs. 11/8/-. The prosecution alleged that the sale without a licence was a contravention of Clause 6 (A) of the Cotton Textiles (Control) Order, 1948 and Clause 4 of the U. P. Controlled Cotton Cloth and Yarn Dealers' Licensing Order, 1948. The only ground on which this revision application was founded is the unconstitutionally of these clauses of the Control Orders. It has been contended that the provisions of Clause 11 of the Cotton Textiles (Control) Order, 1948 which give unrestricted power to the Textile Commissioner to refuse to grant a licence without assigning any reason and which further provides that his decision shall be final, and the provisions of Clause 9 of the U. P. Controlled Cotton Cloth and Yarn Dealers' Licensing Order, 1948, which lay down that the Licensing Authority may for reasons to be recorded in writing refuse to grant a licence are in violation of the provisi6ns of Article 19(1) (g), of the Constitution and since these provisions cannot be dissociated with the provisions of Clause 6(A) of the Cotton Textiles (Control) Order, 1948 and Clause 4 of the U. P. Controlled Cotton Cloth and Yarn Dealers' Licensing Order, 1948, the penalties provided in those sections in violation of the Constitutional right cannot be imposed.

(3.) In order to examine this question it would be necessary to lay down Clauses 6(A) and 11 of the Cotton Textiles (Control) Order, 1948 and Clauses 4 and 9 of the U. P. Controlled Cotton Cloth and Yarn Dealers' Licensing Order, 1948, Clause 6 (a) of the Cotton Textiles (Control) Order, 1948 is as follows: