HARI RAM AGARWALLA Vs. EMPEROR

JUDGEMENT

(1.) This rule must be made absolute. The proceedings have been illegal from beginning to end. The petitioner has been charged with having refused to sell cloth thereby acting in contravention of the provisions of Section 12(6), Cotton Cloth and Yarn Control Order of 1943. This order was passed in the exercise of powers conferred upon the Central Government by Sub-rule (2) of Rule 81, Defence of India Rules. The disobedience of this order is made punishable by Rule 81(4), Defence of India Rules.

(2.) Now, Section 23, Cotton Cloth and Yarn Control Order provides as follows: No prosecution for the contravention of any of the provisions of this order shall be instituted without the previous sanction of the Provincial Government.

(3.) In this case the petitioner was arrested by the police without any warrant being issued by any Court....