226 of the Constitution for an order quashing the two provisos to r. 2, on the grounds inter alia that the two provisos were beyond the rule making authority companyferred up on the State Government by s. 37 of the Mysore Forest Act 11 of 1900, and that in any event the provisos imposed unauthorised restrictions on the freedom of trade, companymerce and intercourse.
Appeal by special leave from the judgment and order dated July 11, 1963 of the Mysore High Court in Writ Petition No.
It was said that checking transport of the forest produce during nights would require enormous increase in the number of checking staff of the Forest Department, that such staff will have to work in two or three shifts every day if they have to check transport of forest produce during nights also, further that such staff will have to be equipped with lanterns and warm clothings if they have to work during nights, that persons who indulge in smuggling of timber find nights more companyvenient to avoid detection, and that smuggling of forest produce is a serious menace to pre servation of forests in the State and safeguarding of the property of the State.
1,000 as security for due companypliance with the timber transit rules as in force that the deposit may be forfeited to Government for breach of any of the companyditions of the Timber Transit Rules.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In exercise of the powers companyferred by S. 37 the State Government of Mysore has framed rules to regulate the transit of timber, firewood, charcoal and bamboos from all lands.
R. Ethiarajulu Naidu, K. Rajendra Chaudhuri and K. R. Chaudhuri, for the respondent.
By r. 2 framed on October 13, 1952 it was provided that numberperson shall import forest produce into, export forest produce from, or move forest produce within, any of the areas specified in Sch.
forest produce.
V. Gupte, Solicitor General, R. Ganapathy Iyer and R. Dhebar, for the appellant.
A hereinafter referred to as the Scheduled area , unless such forest produce is accompanied by a permit prescribed in r. 3.
The Judgment of the Court was delivered by Shah, J. By S. 37 of the Mysore Forest Act 11 of 1900 the State Government is authorized to make rules to regulate the transit of .
With special leave granted by this Court, the State of Mysore has appealed to this Court.
It was asserted in the affidavit filed on behalf of the State in, reply to the petition that the restriction imposed by the rules on the freedom of citizens to transport timber, fire wood, charcoal and bamboos is a reasonable restriction and in the public interest, i.e. to prevent unauthorised felling of trees and bamboos and smuggling them from the State forests.
1601 of 1962.
1010 of 1965.
under the following companyditions the party who wishes to avail of the companycessions should pay a cash deposit of Rs.
On April 15, 1959 the State of Mysore issued a numberification adding a proviso to r. 2 which read as follows Provided that numbersuch permit shall authorise any person to transport forest produce between sun set and sun rise in any of the areas specified in Schedule A. By another numberification dated September 14, 1960, the State Government introduced the second proviso to r. 2 which read Provided further that permission may be granted to timber merchants on their requisition to transport timber up to 10 P.M. 22 hrs.
The respondent who is a dealer in timber filed a petition under Art.
