SUNDER SINGH Vs. STATE

JUDGEMENT

(1.) IN proceedings under Section 7 of the Essential Supplies (Temporary Powers) Act, 1946, hereinafter referred to as the Act, Sundar Singh accused urged a preliminary objection that inasmuch as the provisions of Section 3 (2) (c) of the Act had not been satisfied the order of the district Magistrate, Amritsar, fixing the price of salt had no binding force. In that application sundar Singh accused claimed the decision of the preliminary objection before proceeding with the trial of the case on merits.

(2.) IN deciding that application the Magistrate said : "in view of the letter No. 184-63, dated 12-3-1951, from the Home Secretary to Government punjab, I will decide this point at the proper stage. The application is too much before time. "

(3.) SUNDAR Singh applies under Sections 526 and 561a, Criminal P. C. , and Article 227, constitution of India, for the transfer of the case, State versus Sundar Singh, from the Court of 'sardar' Kehar Singh Magistrate to some other Court of competent jurisdiction, or in the alternative for quashing the proceedings against the accused.