PRITHI SINGH S/O LATE BHUR SINGH Vs. UNION OF INDIA
LAWS(GAU)-1958-1-12
HIGH COURT OF GAUHATI
Decided on January 24,1958

PRITHI SINGH S/O LATE BHUR SINGH Appellant
VERSUS
UNION OF INDIA Respondents


Referred Judgements :-

YICK WO V/S. HOPKINS [REFERRED]
MOHAN SINGH THAPA V/S. INSPECTOR GENERAL OF POLICE,MANIPUR [REFERRED]
CHUNILALL RAJENDRA KUMAR V/S. STATE OF MANIPUR [REFERRED]
D K KRISHNAN VS. SECRETARY R T A CHITTOOR [REFERRED]


JUDGEMENT

- (1.)The petitioners Prithi Singh, aged about 50, a trader of Imphal, and P. Komol Singh, a truck driver, aged about 22, also of Imphal, were convicted by the A.D.M., Manipur, under Section 7 of the Essential Commodities Act, 1955 , read with Clause 3 of Manipur Foodgrains (Movement) Control Order, 1956 , (which the A.D.M. has wrongly referred to as the Manipur Foodgrains Act, 1956 , in his judgment and charges framed against the accused persons) for attempting to export rice and "chira" outside Manipur State (now the Union Territory of Manipur). Prithi Singh was sentenced to R. I. for one year, and a fine of Rs. 1,000/- while the other petitioner was sentenced to undergo R. I. for nine months. Out of the other two persons tried jointly with the petitioners for abetment of the offence, one was acquitted, by the A.D.M. and the other by the Sessions Court on appeal, but the convictions and sentences of the petitioners were maintained by the Sessions Court. They have therefore come up to this Court with this petition in revision. The foodgrains, consisting Order 46 bags of rice and 5 bags of chira were forfeited to the Government.
(2.)The facts briefly stated, and as far as they are relevant for the purpose of this petition in revision are that Order 5-3-1957 at about 9-30 a.m. petitioner Prithi Singh, the owner of the foodgrains, and Komol Singh, the other petitioner were caught at the Check Post at Mao, which is on the border between Manipur and Assam, but within the territory of Manipur, by the S.D.C. carrying the food-grains in a truck which was being driven by Komol Singh, petitioner. They had no permit to take the grain outside Manipur, as required by the said order Order 1956. The, S.D.C. handed over the matter to the Police, who launched the prosecution after investigation. The grain was also seized.
(3.)These facts were found proved by the Courts below, and they were also not questioned before me. There was also evidence to prove these facts, and that Komol Singh was also aware of the fact that the bags contained prohibited foodgrains, and were being carried without the necessary permit. Faced with this position the attempts of the learned Counsel for the petitioners were directed towards showing that the Control Order Order 1956, referred to above, was void. His contention was two-fold. The first contention was that its provisions offended the provisions of Article 19(1)(g) of the Constitution, inasmuch as the restrictions imposed were not reasonable within the meaning of Clause (6) of that Article. Secondly that there wa3 no proof that the said Control Order Order 1956, was laid before the Houses of Parliament as provided for by Sub-Section (6) of Section 3 of the Essential Commodities Act, 1955 . Therefore, according to him, the result in either case was, that the Control Order Order 1956 which was made by the Central Government in exercise of the powers conferred on it by Sub-Section (1) of Section 3 of the Essential Commodities Act, 1955 , was ultra vires, and the convictions of the petitioners were bad in law. He relied strongly on Dwarka Prasad Laxmi Narain V/s. State of U.P., in support of his first contention, and also on two cases of this Court decided by Brij-narain J. C., and reported in Mohan Singh Thapa V/s. Inspector General of Police, Manipur,1956 AIR(Mani) 13 and Chunilall Rajendra Kumar V/s. State of Manipur,1956 AIR(Mani) 25.


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