STATE OF M P Vs. GOPAL GOVIND SINNARKAR

JUDGEMENT

(1.) THIS is a reference made by the Municipal Magistrate First Class Indore City under the Codes of Civil and Criminal Procedure (Amendment) Act No. XXIV of 1951. Section 432 (as amended) of the Code of Criminal Procedure says that where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision, contained in an Act, Ordinance or Regulation, the determination of which, is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court. The Municipal Magistrate is of opinion that the Deputy Director of Food has no power or jurisdiction under Section 5 of the Madhya Bharat Essential Supplies (Temporary Powers) Act No. 3 of 1948 to make regulations about the Madhya Bharat Rationing Order and therefore the Madhya Bharat Rationing Regulations of 1949 is ultra vires and no conviction can be based on that.

(2.) IT appears that the Madhya Bharat Government by a Notification No. 2 dated the 4th February, 1949 notified for general information that the Madhya Bharat Government has directed that the power of the Government to make orders under Section 4 of the Madhya Bharat Essential Supplies (Temporary Powers) Act, Samvat 2005, in respect of control over Food shall be exercisable by the Director of Food and in pursuance of this the Director of Food under Section 5 of the Madhya Bharat Essential Supplies (Temporary Powers) Act, Samvat 2005, is given powers to make regulations in respect of matters referred by Section 4: Vide Madhya Bharat Gazette dated the 20th August 1949page 286. Under Clause 12 of the aforesaid Madhya Bharat Rationing Order, 1949 the Director of Food, or any officer or authority empowered in this behalf by him, may in respect of any area or areas make regulations. Under Clause (12) the Director of Food has delegated his power to the Deputy Director of Food: vide Office of the Director of Food, Notification No. 27, dated the 13th July 1949, where it is stated that the officer empowered to make regulations under Clause 12 of the said Order shall be a Deputy Director of Food (Rationing), Madhya Bharat.

(3.) THE question is whether the Director of Food has got jurisdiction or authority to delegate powers of making regulations to the Deputy Director.