BASUDEVA Vs. REX

JUDGEMENT

(1.) This is an application by Shri Basudeva under Section 491, Criminal P. O. The applicant is the proprietor of firm styled "Mahanand Ram Bajoria and Brothers" in Shahjahanpur which deals in kerosene oil. On 19th. December, 1948, the applicant was arrested and Ordered to be detained under the U. P. Prevention of Black-marketing (Temporary Powers) Act, XXII [93] of 1048. By the present application, the applicant contends that his-arrest and detention, under this Act, are illegal' and one of the grounds which has been urged is that the provisions of the Act which provide for-detention are ultra vires of the Provincial Legislature.

(2.) The impugned Act received the assent of-the Governor General on 11th April, 1948 under Section 76, Government of India Act, 1935, as adapted, and was promulgated on 14th April, 1948. The' Preamble of the Act is as follows:

(3.) "Black-marketing" has been defined in in Section 3 (a) of the Act as follows: