STATE Vs. ANANDILAL

JUDGEMENT

(1.) A common point of law arises in all these revisions under the Madhya Bharat Essential Supplies (Temporary Powers) Act (Act No. 3 of 1948), All these revisions, therefore, will be disposed of by this judgment,

(2.) THE opponents were prosecuted for violation of the terms of their licences which were issued by the Regional Controller as licensing authority authorised in this behalf by the Director of Civil Supplies by an order notified in the State Gazette, It is the validity of this order that was questioned by the Courts below and in this revision we have to consider how far their objection that the order issued by the Director, Civil Supplies, was unauthorised, is valid. We have to consider the said order as a link in the chain connected with Sections 4 and 5 of the Madhya Bharat Essential Supplies (Temporary Powers) Act and certain notifications passed under Section 5 of the said Act.

(3.) SECTION 4 of the Madhya Bharat Essential Supplies (Temporary Powers) Act deals with the powers to control production, supply, distribution, etc. , of essential commodities. Section 5, then, deals with delegation of powers and runs as follows: The Government may by order notified in the Official Gazette direct that the power to make orders under Section 4 shall in relation to such matters and subject to conditions if any, as may be specified to the direction, be exercisable, also, by such officers or authority subordinate to the Government as may be specified in the direction.