Decided on December 29,1950

CROWN Respondents


- (1.) THE short point for decision in the present case is whether Clause 3, East Punjab Cotton Cloth and Yarn (Regulation of Movement) Order, 1948 which prohibits the transport of cloth from one district to another in the Punjab except under the authority and in accordance with the conditions of a permit issued by the appropriate authority was valid on 5-4 1949.
(2.) IT is common ground that on 6-4-1949 Piara Kishen petnr. was transporting 21/2 maunds of cloth from Amritsar to Jullundur when he was arrested by the police and prosecuted under the provisions of Section 3, Essential Supplies (Temporary Powers) Act. 1946, for contravention of Clause 3, East Punjab Cotton Cloth and Yarn (Regulation of Movement) Order, 1948. He was convicted and sentenced by the trial Ct. and the order of the trial Ct. was upheld by the learned Ses. J. in appeal. The petnr. has come to this Ct. in revn. and the question for this Ct. is whether the Cts. below have come to a correct determination in point of law.
(3.) SECTION 3, Essential Supplies (Temporary Powers) Act, 1946, empowered the Central Govt. to provide for regulating by licenses, permits or otherwise the transport eta. of any essential commodity and Section 4 empowered the said Govt. to delegate its power to make orders to any Provincial Govt. or to any officer or authority subordinate to the Central or a Provincial Govt. On 28-12-1946 the Central Govt. delegated certain powers conferred on it by Sub-section (1) of Section 8 of the Act of 1946 to provide for certain matters including among others a provision of regulating licenses, permits or otherwise the storage, transport, etc, of any essential commodity, subject to the condition that no order made by a Provincial Govt. in the exercise of the aforesaid powers shall have effect in so far as it is repugnant to any order made under the said Sub-section (1) by the Central Govt. [vide Govt. of India Notfn. No. 73/1/t. a. /46 dated 28-12-1946 ). On 49-1948, the Govt. of the Punjab promulgated the East Punjab Cotton Cloth and Yarn (Regulation of Movement) Order, 1948, hereinafter referred to as the East Punjab Order, Clause 3 of which declared that no person shall export any cotton cloth or yarn except under the authority and in accordance wish the condition of a permit issued by a competent authority. The expression "export" is defined in Clause 2 (b) to mean to take out of the Province of East Punjab to any province or acceding State of the Dominion of India or Pakistan or from one district of the province to another. Six days later, i. e. , on 10 9-1948 the Central Govt. promulgated the Cotton Textiles (Control of Movement) Order, 1948, Clause s of which directed that no person shall transport any cloth, yarn or apparel except under and in accordance with a general permit notified in the Gazette of India by the Textile Comr. or a special transport permit issued by the Textile Comr. On the same day the Textile Comr. issued an order under the heading "general Permit No. l", (vide Govt. of India Notfn. No. 101/19-Tex. 1/48 (i) dated 10-9-1948 ). Para. No. (sic) of this order declared that for the purposes of this General Permit, the Dominion of India shall be divided into several zones including the East Punjab Zone comprising the Province of East Punjab. Clause 3 of this order was in the following terms: 3. Transport within a Zone.-Any person may transport or cause to be transported by road, air, sea or inland navigation or by goods train or as a rly. parcel by a passenger train any cloth, yarn or apparel from any place in any zone described in para. 1 to any other place in the same zone : Provided that. . . . ;

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