Judgement

BOSE J. : This is an appeal under Art. 132 (1) of the Constitution. Leave to appeal was granted by the High Court at Calcutta.

2. The appellant was convicted under S. 7 (1), Essential Supplies (Temporary Powers) Act of 1946 for an offence said to have been committed on 24th October 1950. The conviction was on two counts ; (1) for selling cloth above the controlled rate and (2) for not issuing a cash memo. The sentence was rigorous imprisonment for three months and a fine of Rs. 200 with another three months in default. The trial was before the 8th Presidency Magistrate at Calcutta who adopted a summary procedure.

3. There was an application for revision before the High Court but it was dismissed. An application for leave to appeal to this Court was then filed. It was granted on a ground which was not taken either in the original Court or in the revision before the High Court, namely that the Essential Supplies Act of 1946 under which the appellant was convicted was not in force on 24th Otctober 1950 and so there could be no conviction under it.

4. The validity of this Act was challenged in - Joylal Agarwala v. The State , 1952 SCR 127, but this Court held that the Act was val