LAWS(MPH)-1951-7-2

MAHADEO PRASAD CHHOTE LAL Vs. VINDHYA PRADESH GOVERNMENT

Decided On July 13, 1951
MAHADEO PRASAD CHHOTE LAL Appellant
V/S
VINDHYA PRADESH GOVERNMENT Respondents

JUDGEMENT

(1.) THE applicant has been convicted and sentenced for transporting sugar out of Vindhya Pradesh in contravention of Section 8 of the Vindhya Pradesh Sugar (Control) Order, 1950. The appeal having been dismissed, he has come up in revision.

(2.) THE proved facts of this case are the following: On the evening of 1. 6. 1950 the applicant was found in the Saugor District of the Madhya Pradesh just outside the boundary of the Vindhya Pradesh, in a lorry with two bags of sugar. The evidence was that they had been brought from the applicant's shop at Pawai within the Vindhya Pradesh. Admittedly the applicant did not have the proper permit for this.

(3.) IN this Court the applicant has taken three grounds. Firstly, that he was not 'transporting' the sugar but was 'dealing' in it without license. This was an offence only after the 1st June 1951, and the prosecution has not proved that the act was completed before that date. The second ground is that the Chief Commissioner made the order under the Vindhya Pradesh Essential Supplies (Temporary Powers) Ordinance of 1048, on the 1st May 1950, when the Ordinance had been repealed. The third ground taken is this that an order under the Essential Supplies (Temporary Powers) Act 1946, which was the law in force on this subject, on the 1st May, 1950, has to be made by the Central Government or any other authority to whom the powers are delegated under Section 4 of that Act. The Chief Commissioner having got the delegated powers only, on 5. 9. 1950 by virtue of the Central Government's order No. 115 J, the order was void and inoperative at all events on the 1st June 1950.