A YOUNUS KUNJU Vs. SUB-INSPECTOR OF POLICE
LAWS(KER)-1978-3-33
HIGH COURT OF KERALA
Decided on March 09,1978

A.YOUNUS KUNJU Appellant
VERSUS
SUB-INSPECTOR OF POLICE Respondents

JUDGEMENT

- (1.) THE vires and validity of the Kerala Raw Cashewnuts (Movement Control) Order, 1975 (for short 'the Order') are challenged by the petitioner in this petition.
(2.) THE petitioner's case is as follows: On 1-4-1977, the petitioner had sent a lorry load of raw cashewnuts from Quilon to his factories at Tamil Nadu. The nuts formed part of the quantity allotted to the petitioner by the Cashew Corporation of India for use of the factories belonging to the petitioner in Tamil Nadu. The lorry was intercepted by the Asst. Superintendent of Police. Neyattinkara at Amaravila check-post. The nuts were seized, in due course, a case was registered against the petitioner for violation of the Kerala Raw Cashewnuts (Movement Control) Order 1975 and the Raw Cashewnuts (Marketing and Distribution) Order of 1976. After investigation, C. C. 133 of 1977 was registered against the petitioner in the Court of the Sub Divisional Judicial Magistrate, Neyyattinkara for violation of Clause (3) of the Order and S. R. O. No. 785 of 1975 read with Rule 114 (2) and (3) of the Defence and Internal Security of India Rules, 1971 and a charge was framed against him and the driver of the lorry for the said offences. The present petition is filed under Section 482 of the Cr. P. C. for quashing the above proceedings.
(3.) THE contention put forward on behalf of the petitioner is that the Kerala Raw Cashewnuts (Movement Control) Order 1975 is beyond the powers of the Government of Kerala and as such no offence has been committed by the petitioner in the instant case. The proceedings against him are, therefore, prima facie, unsustainable.;


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