It is on the strength of this certificate that these two appeals have companye before us, one being filed by Darshan Singh and the other by Attar Singh.
The Additional Sessions Judge, who heard the appeal, acquitted two of the accused but maintained the companyviction of the other three, namely, Attar Singh, Ram Singh and Darshan Singh, though their sentences were reduced.
Kailash Chandra made a report of the occurrence to Inder Singh, who was the head of the Special Police Establishment at Delhi dealing with smuggling cases, and after a detailed investigation, the five accused were sent up to take their trial.
The Proclamation of Emergency was revoked by the Governor General under section 102, clause 3 , of the Constitution Act on 1st April, 1946, and the result of the revocation was that all orders passed on the basis of the Defence of India Act or the Defence of India Rules ceased to be operative after the 30th of September, 1946.
A little later, Kailash Chandra, a Police Sub Inspector of Amritsar who was at that time on special duty in companynection with checking and detec tion of smuggling cases, arrived at the place on a motor bicycle and being informed by Kulraj of what had happened before, both he and Kulraj proceeded in his motor cycle towards the border and overtook the companylies who were carrying the goods.
1,000 upon each one of them under these sections, the sentence of rigorous imprisonment to run companycurrently with that on the previous charges.
132 1 of the Constitution of India from the Judgment and Order dated April 5, 1950, of the High Court of Judicature for the State of Punjab at Simla Khosla J. in Criminal Revision Nos, 1144 and 1147 of 1949.
The state of the companyntry, however, was at that time far from numbermal and it was companysidered necessary that the companytrol of the Central Legislature over the production, supply and distribution of goods should number be discontinued.
Against this judgment there was an appeal taken by all the accused to the Court of the Sessions Judge at Amritsar.
It appears that these extraordinary powers were assumed by the Central Legislature during the period of the last war when there was a Proclamation of Emergency by the Governor General, and the Defence of India Rules promulgated during this period dealt with various provincial matters.
No appeal has been preferred by the accused Ram Singh.
The learned Judge dismissed the revision petitions but granted a certificate under article 132 of the Constitution on the ground that the cases involved a substantial question of low as to the interpretation of the Constitution.
The companylies were rounded up and brought back to the border along with Attar Singh, though Ram Singh managed to Slip away.
Thereupon these three persons presented three separate revision petitions to the High Court of East Punjab at Simla which were heard and disposed of by Mr. Justice Khosla sitting singly.
The truck was then unloaded and the goods were handed over to a large number of companylies who began carrying them towards the border, being followed by both Attar Singh and Ram Singh.
As soon as the truck stopped, Darshan Singh, who was the Deputy Superintendent in charge of the customs barrier, and Attar Singh, who was a Customs Preventive Officer at Amritsar and was then under order of transfer to some other place, went to the Police Station and asked Kulraj, the Sub Inspector in charge of the same, to allow the lorry to pass through upto the border.
Kulraj did number accede to this request and thereupon both Darshan Singh and Attar Singh went back to the customs tent.
11 and 12 of 1950.
CRIMINAL APPELLATE JURISDICTION Cases Nos.
To meet this situation, the British Parliament passed a temporary Act 9 and 10 Geo.
The allegation against all the accused, in substance, was that they companyspired to export 76 bags of mill made cloth to Pakistan without a permit, by smuggling them through the customs barrier near Wagha, on the morning of the 26th ,May, 1948.
J. Umrigar for the appellant in Case No.
The Judgment of the Court was delivered by MUKHERJEA J. The facts giving rise to these two companynected appeals may be briefly narrated as follows Darshan Singh, the appellant in Case No.
Rajendra Singh, another accused, who was on duty at that time as the Customs Supervisor, allowed the truck to pass through and the truck stopped near the customs office on the side of the Police Post.
C. Setalvad Attorney General for India B. Sen, with him for the Intervener.
Appeals under Art.
December 5.
The trying Magistrate companyvicted all of them under section 120 B of the Indian Penal Code, read with section 3/10 of the East Punjab Cotton Cloth and Yarn Order, 1947, and sentenced them to rigorous imprisonment for a period of one year each.
There wets a further charge under section, 8 of the Essential Supplies Act against three of these accused, Darshan Singh begning on of them.
Achhru Ram Gopal Singh, with him for the appellant in Case No.
The prosecution case is that at about 7 a. m. on the 26th of May, 1948, a truck, loaded with a large quantity of millmade cloth owned by the accused Ram Singh, arrived at the customs barrier near Wagha.
12, along with three other persons were tried by the Special Magistrate, Ambala, East Punjab, on charges under section 120 B of the Indian Penal Code, read with section 3/10 of the East Punjab Cotton Cloth and Yarn Regulation of Movement Order, 1947, and section 7 of the Essential Supplies Act, 1946.
M. Sikri Advocate General of Punjab H. S. Gujral, with him for the respondent, the State of Punjab.
1 1, and Attar Singh who is the appellant in Case No.
Attar Singh was further companyvicted under section 7 of the Essential Supplies Act and Darshan Singh under section 8 of the said Act, and there was a sentence of one years rigorous imprisonment and a fine of Rs.
