- (1.) In this Rule, P.C. Sen, the Chief Minister of West Bengal, stands charged with exhibition of contumacious conduct towards this Court under circumstances hereinafter stated.
(2.) On November 18, 1965, the Governor of West Bengal made an order known as West Bengal Milk Product Control Order, 1965, in exercise of the powers under Sub-rules (2) and (3) of Rule 125 of the Deence of India Rules, 1962. The declared object of the Order was that in the opinion of the Governor it was necessary and, expedient to regulate the manufacture of milk products (meaning thereby Chhana, Kheer and sweets having as an ingredient Chhana or Kheer or both) and increase supplies of milk in the fluid form, a commodity essential to the life of the community. The Control Order was made applicable to Calcutta, areas comprised in certain specified municipalities and Chandannagore. Power was reserved to make the Control Order applicable to other areas by notification. In a sense, the Control Order mentioned above was the successor of a previous Control Order known as the West Bengal Chhana Sweets Control Order, 1965, which was condemned and quashed by this Court on November 16, 1965.
(3.) On November 22, 1965, Sm. Kusum Kumari Ghosh and three others, carrying on business in co-partnership, under the name and style of Messrs. Ramlal Ghosh and Grandsons, as manufacturers of milk products challenged the validity of the Milk Product Control Order and obtained a Rule against the State of West Bengal and the Secretary, Department of Animal Husbandry and Veterinary Services, being Matter No. 369 of 1965. The Rule was made returnable on November 26, 1965. There was no interim injunction granted at the time when the Rule Nisi was issued by liberty was given to the petitioners, in Matter No.369 of 1965, to renew the prayer for interim injunction on the returnable date.;