GULAM ABBAS Vs. STATE

JUDGEMENT

(1.) This is an application under Section 561 A, Criminal P. C., with a prayer that a case against the petitioners pending in the Court of the City Magistrate Udaipur, may be transferred to the High Court and the proceedings taken against the petitioners for contravention of the Mewar Motor Spirit Rationing Order, 1941 quashed. Reliance was also placed during the course of arguments on Article 228 of the Constitution in support of the prayer. The contention of the learned counsel for the petitioners is that the Mewar Motor Spirit Rationing Order, for contravening which the petitioners were being prosecuted, no longer remained in force and the prosecution of the petitioners was illegal and they were protected by Article 20 of the Constitution.

(2.) The Mewar Motor Spirit Rationing Order, 1941, which came into force on 158-1941 was issued by the Mewar Governmont under Rule 81 (2), Defence of Mewar Rules, 1939. The Rules were enacted under the Defence of Mewar Act, 1939 and the validity of the Defence of Mewar Act and the rules expired on 315-1947. On 16-5-1947, the Mewar Control of Supplies Act (VII [7] of 1947) was promulgated by His Highness the Maharana of Udaipur to provide for the continuance of powers to control the production, price and distribution and trade and commerce in certain essential commodities and 9. 3 thereof authorised the Government to make certain orders for regulating or prohibiting the production, supply and distribution of essential commodities so far as it appeared to the Government to be necessary or expedient for maintaining or increasing the supplies of any essential commodity or for securing their equitable distribution and availability at fair prices. Section 5 of that Act provided that until other provisions were made under the Act, the orders made by competent authority under Sub-rule (2) of Rule 81, Defence of Mewar Rules, in respect of any matter specified in Section 3 which were in force immediately before the commencement of the Act were to continue in force as far as it was consistent with the Act notwithstanding the expiration of the Mewar Defence Rules, and were to be deemed to be orders made under Section 3 of the Act.

(3.) Petrol being one of the essential commodities mentioned in the schedule to the Act, the combined result of Section 3 and 5 was that Mewar Motor Spirit Rationing Order, 1941, made in exercise of the powers under Rule 81 (2), Defence of Mewar Rules continued to remain in force even after 31-5-1947.