STATE Vs. AMIR CHAND

JUDGEMENT

(1.) THE short point for decision in the present case is whether it was within the competence of the rationing Controller of Ambala to make an order requiring certain persons to submit certain returns. The order passed by him on the 31st December, 1948, was in the following terms:--"under Clause 3 of the East Punjab Hoarding of Foodgrains Order, 1947, promulgated with East punjab Notification No. 1114. M-7/3603, dated the 5th November 1947, and as authorised under clause 2 (a) of the said Order by the Director-General, Food and Civil Supplies, East Punjab, vide his letter No, RG-48/38661, dated the 28th December, 1948, I, H. B. Lall, I. A. S. , Rationing controller, Ambala, hereby direct all owners of establishments, traders (including millers) and each householder (who holds more than 2 maunds of rationed foodgrains at the commencement of rationing) in the rationed area of Ambala City and Ambala Cantt. , to submit a return in the enclosed form, showing slocks of rationed foodgrains held by them on 1-1-49, to my office at ambala City by the 10th January 1948, at the latest. "

(2.) ON the 11th May 1950 the Rationing Controller paid a visit to the depot of Amir Chand respondent and found him in possession of sixteen maunds and twelve seers of superior rice without having declared the same as required by the Rationing Control Order reproduced above. The respondent was accused of having contravened the provisions of this Order and was prosecuted under Section 7 of the Essential Supplies (Temporary Powers) Act, 1946. The trial court convicted the respondent but the learned Sessions Judge ordered his acquittal on the ground that the Rationing Controller had no power to pass the order in question. The State is dissatisfied with the order of the learned Sessions Judge and has come to this Court in appeal.

(3.) SECTION 3 of the Essential Supplies (Temporary Powers) Act, 1946, as originally enacted, empowered the Central Government by notified order to provide for regulating or prohibiting the production, supply and distribution of essential commodities and trade and commerce therein. Section 4 empowered the Central Government by notified order to direct that the power to make orders under Section 3 shall, in relation to such matters and subject to such conditions, as may be specified in the direction, be exercisable also by: (a) such officer or authority subordinate to the Central Government, or (b) such Provincial Government or such officer or authority subordinate to a Provincial government, as may be specified in the direction.