DHAWANJI RAWJI Vs. EMPEROR

JUDGEMENT

(1.) THE applicants, Dhanwanji, Moolji and Bhanji, all of Jubbulpore are being prosecuted in the Court of the first Class Magistrate, Sugar under Section 3, Military Stores (Unlawful Possession) ordinance No. XXXIII [33] of 1913 and under Defence of India Rule 81 (41 read with the Pipes Control Order, 1942, and a preliminary objection was-entered in their behalf to have the proceedings' dropped on the ground that the aforesaid Ordinance and the Defence of India Act and the rules-thereunder had lapsed. This objection was rejected by the trial Court, and in revision, the Sessions Judge, Jubbulpore, who held that the proceedings under the Ordinance could not continue as it had lapsed, found that the prosecution under the Pipes Control Order could continue in virtue of the provisions of Section 2 (a) (vii), and s 5, ordinance XVI ii [18] of 1946. The applicants have now come up in revision to this-Court.

(2.) THE Pipes Control Order was issued under Defence of India Rule 81 (2), but the fact that the Defence of India Rules and Defence of India Act expired on 30th September 1946 did not con-note that the prosecution, which began on 9th November 1945, could not be continued, as in /. K. Gas Plant Manufacturing Co. v. Emperor 1d. L. Rule 438 : A. I. R. (34) 1947 P. O. 38: 48 Cr. L. J. 886), their Lordships of the Federal Court had held that proceedings in respect of offences under Defence of India Rule 31 (4) can be continued even after 30th September 1946.

(3.) IT was, however, contended that as the Pipes Control Order was cancelled on 30th November 1944, it could not be kept alive by Ordinance XVIII 118] of 1946 and Act XXIV [24] of 1916, Section 17 (3) (a) of which runs a follows: