HIGH COURT OF MADHYA PRADESH
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(1.)THIS reference has been made by the learned Sessions Judge, Indore, recommending that the charge framed by the Additional City Magistrate, Indore, against Fateh Chand Under Section 8, Madhya Bharat Essential Supplies (Temporary Powers) Act (Act 3 of 1948), read with Clause 16 (1), Cotton Textile (Control) Order of 1948 be quashed. The offence is alleged to have been committed between 712-1948 and 21-1-1949, when the Madhya Bharat Act No. 3 of 1948 was in force. This Act was repealed on 17-8-1950 by Section 17 (4) of the Central Act known as the Essential Supplies (Temporary Powers) Act (24 of 1946) as extending to Part B States by the amending Act No. 52 of 1950.
(2.)THE main grounds upon which the reference is based are:
1. that on the repeal of the Madhya Bharat Essential Supplies (Temporary Powers) Act 1948 by the Central Act referred to above, prosecutions pending under the Madhya Bharat Act and not concluded before 17-8-1950 could not be continued, since the repealing Act did not provide for such continuance. 2. that the General Clauses Act of the Centre (Act 10 of 1897) having not been extended to Madhya Bharat, will not apply so as to attach the provisions of Section 6 (e) thereof to the present case.
(3.)AFTER briefly stating the facts of the reference and after listening to the lengthy and elaborate arguments of the learned Counsel of both the sides, the point of focus in this case is really one, namely, to determine the effect of the repeal of the Madhya Bharat Essential Supplies (Temporary Powers) Act by the Central Act (Act 24 of 1946) as extended to Part B States on 17-8-1950, whether prosecution launched under the Madhya Bharat Act can be continued after the repeal? This will obviously depend on the determination of the question, whether the case attracts the application of Section 6, General Clauses Act and if it does not, whether the principles of it can be extended to construe the repeal.
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