JAGADISH PATEL Vs. PATEL TOBACCO CO

JUDGEMENT

(1.) THE petitioners in Crl. Misc. Nos. 85 and 86 of 1951 have been prosecuted for contravention of the provisions of the Orissa Kendu Leaves (Control and Distribution) Order, 1949 which is an offence punishable under Section 10 of the Orissa Essential Articles Control and Requisitioning (Temporary Powers) Act, 1947 (Orissa Act I of 1947). The petitioner in M. J. C. No. 78 of 1951 is the owner of some landed property in Mouza Laikera in the District of Sundargarh who has felt aggrieved by the enforcement of the Orissa Kendu Leaves (Control and Distribution) Order, 1949 in respect of the leaves of the bendu trees situated in his property. The sole question for consideration in all the three cases is the validity of some of the provisions of the Orissa Essential Articles Control and Requisitioning (Temporary Powers) Act, 1947 (hereafter referred to as the impugned Act) and the Provisions of the Orissa Kendu Leaves (Control and Distribution) Order 1949 (hereinafter referred to as the Impugned Order). Consequently, all the three cases have been heard together and will be governed by this judgment.

(2.) THE impugned Act was passed by the Orissa Legislature and after receiving the assent of the Governor -General came into force on the 12 -3 -1947. In a sense it may be taken to be a supplement to the provisions of the Essential Supplies (Temporary Powers) Act (XXIV of 1946) which was passed by the Central Legislature chiefly with a view to enable the Provincial Government to continue in force various control Orders formerly issued under the provisions of the Defence of India Rules for regulating the production, supply, and distribution of some essential articles. The Central Act was limited in its application to some essential commodities only as denned in Section 2 of that Act. The Orissa Legislature seems to have thought that similar powers should be conferred in respect of other essential articles and with this object in view it passed the impugned Act which very closely follows the language of the Central Act. The Preamble of the impugned Act is as follows : 'Whereas it is expedient to provide for the continuance during a limited period of powers to control the production, processing, supply, distribution, transport and prices of essential articles and of trade and commerce therein and for requisitioning of property;' The life of the impugned Act was originally limited to two years but provision was made for its extension for further period. On 14 -2 -1951 the Orissa Legislature repealed and re -enacted the provisions of the impugned Act by another Act known as the Orissa Essential Articles Control, and Requisitioning (Temporary Powers) Act, 1950 (Orissa Act XII of 1951) and by Section 18 of that Act kept alive all orders passed under the 1947 Act. As the alleged dates of the commission of the offences in Cri. Misc. Nos. 85 and 86 of 1951 are in April, 1950 and as the provisions of the two Acts are almost identical, the earlier Act of 1947 alone will be discussed in this judgment.

(3.) BY notification No. 2 -A dated 1 -1 -1948 the Government of Orissa applied the provisions of the impugned Act to all Orissa States in exercise of the powers conferred on them by Section 4 of the Extra -Provincial Jurisdiction Act, 1947. They also issued notifications (4306 -R and 4308 -R dated the 9th April, 1949) declaring 'kendu leaves' to be essential article for the purpose of the impugned Act and then made the Orissa Kendu Leaves (Control and Distribution Order, 1949 (vide notification No. 4307 -R dated the 9th April, 1949) which was brought into force in the old province of Orissa and the Orissa States Kendu Leaves (Control and Distribution Order, 1949 (vide notification No. 4309 -R dated the 9th April, 1949) brought into force in Orissa States.