RAM KISSEN CHANDGOTHIA Vs. STATE

JUDGEMENT

(1.) Misc. Case No. 288 of 1951/ In this case, a Rule was issued on the State of West Bengal and upon the Judges constituting a Special Tribunal hearing criminal charges against the petitioners to show cause why the records of the case should not be transferred to this Court under Article 228 of the Constitution to enable this Court to decide a constitutional point involved in the case, namely, whether the Tribunal hearing the charges had any jurisdiction so to do.

(2.) The learned Advocate General on behalf of the State appeared to show cause and we have heard full argument on all the points involved by counsel on both sides. The usual practice is on hearing the petitioner to call for the records and then hear both parties. But in order to shorten proceedings both parties have been heard as if the records had been called for and were in this Court. It has been agreed that the decision of this Bench of the Rule will finally dispose of the matter and that it will not be necessary to call for the records and then issue a final, order.

(3.) The petitioners were prosecuted for altered offences under Section 3 of the West Bengal Black Marketing Act (Act XXXII of 1948), read with Section 7 (.1) on the Essential Supplies (Temporary Powers) Act of 1946 and Sections 22 and 24 of the Cotton Textiles Control Order, 1948 read with Notification No. TX/326/49, dated November 18, 1949.