RAJULAL Vs. STATE

JUDGEMENT

(1.) The accused Rajulal, Lallulal and Bholuram are undergoing a trial under sec. 6 of the Essential Supplies (Temporary Powers) Act, 1947, in the court of the Magistrate at Malpura. THEy applied for bail but their petition was disallowed by the Magistrate, because Sec. 12 (b) of the Jaipur Essential Supplies (Temporary Powers) Act (Amendment) Ordinance (No. 1 of 1949) does not allow bail being granted in such matters, when the prosecution does not support the petition for grant of bail. THE Sessions Judge also confirmed the order of the Magistrate on 18th January 1950. THE accused have, therefore, come before this court in revision.

(2.) The learned advocate of the accused has argued that the Essential Supplies (Temporary Powers) Act, 1947, has been repealed and in its place now the Rajasthan Essential Supplies (Tempo-rary Powers) Ordinance (No. 13 of 1949) has come into force from the 9th of July 1949. THE provisions of the previous Act governing grant of bail have now ceased to have any force and the provisions of the new Ordinance No. 13 of 1949 relating to restrictions in the matter of granting of bail do not govern the cases under the previous laws, but only apply to the cases under the new Ordinance. He has, therefore, prayed that the lower court was misled in applying the provisions of the new Ordinance in this case, which was a case of an offence under the old Ordinance.