STATE Vs. RAJ KUMAR SINGH

JUDGEMENT

(1.) This is an application by the State through the Director of Pood, Madhya Bharat for leave to file an appeal under Art. 134 (c) of the Constitution, against the judgment dated the 14th October, 1950 passed by a Division Bench of this Court in Criminal Reference No. 111 of 1950. The brief facts are that Seth Rajkumarsinghji was being prosecuted in the Magistrate's Court for a breach of Notification No. 27 dated 12th June, 1948, passed under Indore Essential Supplies (Temporary Powers) Act of 1946, by which serving of food stuff to 151 or more than 150 persons at any religious, social function, or at any party without the permission of the Food Minister was prohibited. The Indore Essential Supplies (Temporary Powers) Order of 1946 came into force on 1st October, 1946 when the Holkar State was in existence and applied to the then Holkar State territories. It was extended from time to time and it was to remain in force till 30th September, 1948. It was contended before us that this Notification No. 27 dated 12th June, 1948 as well as its parent order viz. Indore Essential Supplies (Temporary Powers) Order, expired on 30th September, 1948. On the date viz. 14th February, 1949 on which Seth Rajkumarsingh was alleged to have committed the offence, there was no law in force in Indore restricting the distribution of food stuffs to a particular number of persons. This contention prevailed and the Criminal proceeding against Seth Rajkumarsingh was quashed by this court on a reference made by the Sessions Judge, Indore. The contention of the Government Advocate was that the Madhya Bharat Ordinance No. 1 of 1948, and Madhya Bharat Ordinance No. 12 of 1948 continued in force, and kept alive the Indore Essential Supplies (Temporary Powers) Order even after 30th September, 1948. He placed reliance on S. 3 of Ordinance No. 1 of 1948 which runs as follows :

(2.) The main question for consideration before us was as to the meaning of "shall continue in force until repealed or amended" used in S. 3 of Ordinance No. 1 of 1948 promulgated by Raj Pramukh of Madhya Bharat.

(3.) We held that the effect of S. 3 of the Ordinance was not to make perpetual a temporary order which expired with efflux of time. The Indore Essential Supplies (Temporary Powers) Act of 1946 automatically ceased to be in force from 30th September, 1948 which was the duration fixed in the Act itself.