9911796707
TMI Blog1951 (10) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Criminal Appeal No. 7 of 1950. 3. The appellant, Joyal Agarwala, who was a salesman in a retail shop in Pulbazar in the district of Darjeeling in the State of West Bengal, was charged with having sold a piece of textile cloth at a price in excess of the controlled price. Fro this contravention of the provisions of clause 24 (1), of the Cotton Textiles Control Order, 1948, he was convicted by the Sub-Divisional Magistrate of Darjeeling under section 7 of the Essential Supplies (Temporary Powers) Act (Act XXIV) of 1946 (hereinafter referred to as the Essential Supplies Act), and sentenced to six months rigorous imprisonment. On appeal to the Sessions Judge, the appellant was acquitted on two grounds, viz., (1) that no sanction was previ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t may direct that the Act shall in its application to the area,...... have effect subject to such exceptions or modifications as he thinks fit. 5. In exercise of the powers conferred on him by this section, the Governor of Bengal by a notification published on the 14th December, 1946, directed that the Essential Supplies Act shall apply to the district of Darjeeling, which was an excluded area. 6. Section 1 (3) of the Essential supplies Act provides that it shall cease to have effect on the expiration of the period mentioned in section 4 of the India (Central Government and Legislature) Act, 1946 (9 10 Geo. 6, Ch. 39). Section 4 of the latter Act provides as follows :- The period mentioned... is the period of one year beginning ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the India (Central Government and Legislature) Act, 1946, and also introduced an new section 4A by way of adaptation, providing that the powers of the Dominion Legislature shall be exercised by the Constituent Assembly. On 25-2-1948, the Constituent Assembly passed its first resolution extending the operation of the Essential Supplies Act by one year up to 31-3-1949. On 23-3-1949, a second resolution was passed by the Assembly extending the life of the Act by one more year up to 31-3-1950. 8. In respect of these Acts and notifications three questions were urged on behalf of the appellant :- firstly, whether the Governor's notification of the 14th December, 1946, continued the operation of the Essential Supplies Act in the district ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue the life of the Act in the district of Darjeeling. The Government's notification extended the Act to Darjeeling without specifying any particular period for its applicability to that district, and it follows therefore that the Act would remain in force in the district so long as it remained in force in the rest of India. It is only if its effect had ceased earlier than the coming into force of the Indian Independence Act and there was a re-enactment by the legislature which was sought to be applied to an excluded area, that a notification by the Governor under section 92(1) of the Government of India Act might be necessary. Otherwise, the question of fresh notification does not arise. 10. Section 19(4) of the Indian Independence A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Appeal No 25 of 1951. 15. In this case, the appellant Bichan Chand Molla was charged with loading 28 bags of millmade cloth from a truck into a specially chartered aircraft at the Dum Dum airport, on behalf of his employers, Messrs. Amarchand Pannalal, without a permit, as required under clause 4 (2) of the West Bengal Cotton Cloth and Yarn Movement Control Order, 1947. He was convicted under section 7 (1) read with section 8 of the Essential Supplies Act and sentenced to 9 months rigorous imprisonment and a fine of ₹ 1,000 by the 1st Class Magistrate of Barrackpore. The Sessions Judge of 24-Parganas dismissed the appeal preferred by the accused. A revision application filed by him in the High Court shared the same fate. 16. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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