GIRRAJ PRASAD Vs. STATE

JUDGEMENT

(1.) ALL these criminal revisions raise common questions of law and are hence being disposed of together.

(2.) THE petitioners in all the revision applications are being prosecuted in the court of the Additional District Magistrate, Bharatpur for offences under sec. 3/7 and 9 of the Essential Commodities Act (hereinafter referred to as the Act of 1955) read with the Rajasthan Coarse Grains (Regulation of Distribution) Order, 1964 (hereinafter called the Order of 1964) and the Rajasthan Food Grains Dealers Licensing Order, 1964. Of the several grounds urged in the trial court and the following two were urged before this Court. (1) that the Order of 1964 is invalid being repugnant to the Coarse Grains (Removal of Control) Order, 1954 (hereinafter called the Order of 1954) made by the Central Government under sec. 3 of the Essential Supplies (Temporary Powers) Act, 1946 (hereinafter called the Act of 1946) and as such the petitioners cannot be tried for alleged contravention of the provisions of the former Order. (2) that on the facts alleged by the prosecution, no case under sec. 9 of the Act of 1955 is made out against the petitioners.