The Essential Supplies Act came into force on 19 11 1946.
The Sessions Judge of 24 Parganas dismissed the appeal preferred by the accused.In this case, the appellant Bichan Chand Molla was charged with loading 28 bags of millmade cloth from a truck into a specially chartered aircraft at the Dum Dum airport, on behalf of his employers, Messrs. Amarchand Pannalal, without a permit, as required under clause 4 2 of the West Bengal Cotton Cloth and Yarn Movement Control Order, 1947.
134 1 c from the Judgment and Order of the High Court of Calcutta dated 23rd May, 1950, in Government Appeal No.
1st Class Magistrate of Barrackpore.
1,000 by the 1 1949 F.C.R. 596.
7 of 1950.
Criminal Appeal No.
25 of 1951 was an appeal by special leave from the Judgment and Order of the same Court dated 4th May, 1950, in Criminal Revision No.
In the second case, special leave to appeal was granted by this Court under article 136 1 of the Con stitution.
7 of 1950 was an appeal under Art.
2 of 1950 and Criminal Appeal No.
7 of 1950 and No.
25 of 1951.
On appeal to the High Court by the State of West Bengal, the point about the absence of sanction under clause 36 of the Control Order was given up by the present appellant as its necessity had been abolished by a later Notification of the Central Government.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals No.
The appellant, Joylal Agarwala, who was a salesman in a retail shop in Pulbazar in the district of Darjeeling in the State of West Bengal, was charged with having sold a piece of textile cloth at a price in excess of the companytrolled price.
Criminal Appeal No.
1 that numbersanction was previously obtained for the prosecution as required by clause 36 of the Cotton Textiles Control Order, and 2 that the Essential Supplies Act was number in force in the district of Darjeeling on the date of the occurrence.
The appeals were heard together, but as they are by different parties and the facts are different, it is desirable to have two separate judgments.
In the first case, leave to appeal to this Court was granted by the High Court under article 134 1 c of the Constitu tion of India.
132 of 1950.
Ajit Kumar Datta and S.N. Mukherjee for the appellant in both the appeals.
N. Joshi for the Intervener.
October 4.
The Judgment of the Court was delivered by CHANDRASEKHARA AIYAR J. These two criminal appeals are from companyvictions of the appellants by the High Court at Calcutta.
Sen for the respondent in both appeals.
