Judgment

VENKATARAMA AYYAR, J.: This is an appeal against the judgement of the High Court of Bombay dismissing a revision petition field by the appellant against his conviction under S. 7 of the Essential Supplies (Temporary Powers) Act (24 of 1946).

2. The charge against the appellant was that on 6-4-1951 he had transported 15 maunds of juwar from his village of Khanjroli to Mandvi without a permit, and had thereby contravened S. 5(1) of the Bombay Food Grains (Regulation of Movement and Sale) Order, 1949. The Resident First Class Magistrate of Bardoli who tried the case, found him guilty, and sentenced him to imprisonment till the rising of the Court and a fine of Rs. 500. The conviction and sentence were both affirmed by the Session Judge, Surat, on appeal.

The appellant thereafter took up the matter in revision to the High Court of Bombay, and there for the first time, took the objection that the Resident First Class Magistrate had no jurisdiction to try the case, because under S.2 of the Bombay Act No. 36 of 1947 the offence was punishable with imprisonment, which might extend to seven years, and under the Second Scheduled to the Criminal Procedure Code, it was only the Sessions