Uniyal, J. - (1.) THESE connected appeals raise a common question of law and may be disposed of by a common order.
(2.) THE four respondents were prosecuted for contravention of Clause 4 of the Essential Articles (Price Control) Order, 1963 (hereinafter referred to as the Order) which requires every dealer to cause to be prominently displayed price-lists of articles for sale at his shop. The Magistrate recorded a conviction but in appeal the Sessions Judge passed an order of acquittal on the ground that the prosecution had failed to prove that the Order was in force on 25-3-63, the date on which the shops had been raided by the police. The State Government appealed against the acquittal of the respondents and the appeals were heard by my brothers Khare and Yashoda Nandan, JJ. The learned Judges differed in their opinion on the principal question whether the Order had come into force in Uttar Pradesh on 25-3-63, the date on which the alleged offences were said to have been committed. Khare, J. was of the view that in the absence of any indication in the Order that it shall come into force at once or from some future date, the respondents were not liable to be convicted inasmuch as the provisions of the Order had not come into operation on the date of the alleged offence. Yashoda Nandan, J. on the other hand, came to the contrary conclusion and held that when the legislative organ has completed the act of legislation without expressing the intention that its effectiveness stands postponed to a future date, the only intention that can be attributed to it is that that law has become effective and enforceable from the date of its publication in the official gazette. In view of the difference of opinion between the two learned Judges the following question has been referred to me for opinion: "Whether or not the Essential Articles (Price Control) Order, 1963 had come in force in Uttar Pradesh in March, 1963, the date when the offences in the four connected Government Appeals are alleged to have been committed?" In exercise of the powers conferred by Section 3(1) of the Defence of India Act, 1962 (hereinafter referred to as the Act) the Central Government was empowered by Issuing a notification in the official gazette to make such rules as appeared to it necessary or expedient, inter alia, for maintaining supplies essential to the life of the community. The Central Government accordingly framed rules known as the Defence of India Rules, 1962 (hereinafter referred to as the Rules). By Rule 125 of the Rules the Central Government, as well as the State Government, were empowered to make such orders as they might consider necessary or expedient for securing equitable distribution and availability of any article or thing at fair prices. The manner in which an Order made in pursuance of Rule 125 aforesaid was to be published is laid down in Rule 141. This Rule, so far as material, reads as follows:-- "(1) Save as otherwise expressly provided in these Rules, every authority, officer or person who makes any order in writing in pursuance of any of these rules, shall, in the case of an order of a general nature or affecting a class of persons, publish notice of such order in such manner as may, in the opinion of such authority, officer or person, be best adapted for informing persons whom the order concerns..... (2) If in the course of any judicial proceeding a question arises whether a person was duly informed of an order made in pursuance of these Rules, compliance with Sub-rule (1), or where the order was notified, the notification of the order, shall be conclusive proof that he was so informed; but a failure to comply with Sub-rule (1) - (i) shall not preclude proof by other means that he had information of the order, (ii) shall not affect the validity of the order."
(3.) IN pursuance of the powers conferred by Sub-rules (2) and (3) of Rule 125 the Central Government made an order called the Essential Articles (Price Control) Order, 1963 and the same was published in the Gazette of India (Extraordinary) dated 1-3-1963. Clause 3 of the Order lays down that "no wholesale dealer or retail dealer, as the case may be, shall, with effect from the commencement of this Order, sell any essential article to any person at a price which is in excess of the control price." Clause 3 aforesaid was later amended by the Central Government and the same was published in the Government of India Gazette dated 6th March 1963. One of the changes introduced by the amendment was that the words 'with effect from the commencement of this Order" originally appearing in Clause 3 were deleted from the Order.;