Leave to appeal was given both to the appellants and the respondent and requisite certificates under articles 132 and 134 of the Constitution were granted.
45 of 1951 from the Order of the Court of the Magistrate 1st Class, Hoshangabad, in Criminal Case No.
The Judgment of the Court was delivered by MEHAR CHAND MAHAJAN C.J. The facts giving rise to this appeal are these The appellant, Harishankar Bagla, and his wife, Smt.
Section 6 of the Act was held to be inconsistent with the provisions of the Railway Act but it was held that its unconstitutionality did number affect the prosecution in this case.
May 14.
Appeal by Special Leave from the Judgment and Order of the High Court of Judicature at Nagpur dated the 15th.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
September, 1952, in Criminal Case No.
7 of 1953.
L. Shevde, Advocate General of Madhya Pradesh T. P. Naik and I. N. Shroff, with him for the respondent.
1948, having been found in possession of new companyton cloth weighing over six maunds which cloth, it was alleged,was being taken by them from Bombay to Kanpur without any permit.
75 of 1949.
The High Court directed that the prosecution should proceed and the records sent back to the trial Court for being dealt with in accordance with law.
It also upheld the companystitutionality of the impugned Order.
Gomti Bagla, were arrested at Itarsi, by the Railway Police on the 29th November, 1948, for companytravention of section 7 of the Essential Supplies Temporary Powers Act, 1946, read with clause 3 of the Cotton Textiles Control of Movement Order.,
By its order dated the 15th September, 1952, the High Court upheld the provisions of sections 3 and 4 of the Essential Supplies Temporary Powers Act, 1946, as companystitutional.
After various vicissitudes through which the chalan passed the case was eventually withdrawn by the High Court to itself on the 3rd of September,1951, as it involved a decision of companystitutional issues.
J. Umrigar, Rameshwarnath and Rajinder Narain for the appellants.
