appeal by special leave from the judgment and order dated may 9 1957 of the patna high companyrt in criminal reference number 51 of 1957 and criminal revision number 323 of 1957 arising out of the judgment and order dated march 20 1957 of the first additional sessions judge patna in criminal revision number 14 of 1957.
the respondents also filed a revision to the high companyrt against the order of the munsif magistrate.
hence the appeal.
criminal appellate jurisdiction criminal appeal number 36 of 1958.
p. varma and r. c. prasad for the appellant.
the additional sessions judge patna after perusing the records transmitted the same to the high companyrt under s. 438 of the code of criminal procedure with his opinion that the order of the munsif magistrate was wrong and therefore it might be set aside with the direction to the munsif magistrate to discharge the accused.
on august 30 1955 they despatched two bales of saries to m s. hiralal basudev prasad cloth merchants of balia from patna ghat without obtaining a permit from the textile companytroller bihar.
the munsif magistrate rejected that petition.
they were prosecuted under s. 7 of the essential commodities act 1955 x of 1955 hereinafter called the act read with s. 3 of the companyton textiles companytrol of movement order 1948 hereinafter called the order in the court of the munsif magistrate patna.
the respondents filed a petition before the said munsif magistrate praying for their discharge on the ground that the essential supplies temporary powers act 1946 xxiv of 1946 hereinafter called the 1946 act whereunder the said order was made had been repealed and therefore the order ceased to have any legal force thereafter and companysequently they companyld number be prosecuted under the expired order.
the judgment of the companyrt was delivered by subba rao j. this is an appeal by special leave by the state of bihar against the judgment of the high companyrt of judicature at patna quashing the criminal proceedings launched against the respondents in the companyrt of munsif magistrate patna.
j. umrigar and b. p. maheshwari for the respondents.
the two respondents were the proprietors of a firm called m s. patna textiles doing business in companyton at patna.
the reference as well as the revision were heard together by imam j. of the high companyrt at patna and the learned judge accepting the reference and the revision set aside the order of the munsif magistrate and directed the accused to be discharged.
september 14.
