Judgment

SUBBA RAO, J. : This is an appeal by special leave by the State of Bihar against the judgment of the High Court of Judicature at Patna quashing the criminal proceedings launched against the respondents in the Court of Munsif-Magistrate, Patna.

2. The two respondents were the proprietors of a firm called M/s. Patna Textiles doing business in cotton at Patna. On 30-8-1955, they despatched two bales of saries to M/s. Hiralal Basudev Prasad, cloth merchants of balia, from Patna Ghat without obtaining a permit from the Textile Controller, Bihar. They were prosecuted under S. 7 of the Essential Commodities Act, 1955 (X of 1955), hereinafter called the Act, read with S. 3 of the Cotton Textiles (Control of Movement) Order, 1948, hereinafter called the Order, in the Court of the Munsif-Magistrate, Patna. The respondents filed a petition before the said Munsif-Magistrate praying for their discharge on the ground that the Essential Supplies (Temporary Powers) Act, 1946(XXIV of 1946), hereinafter called the 1946 Act, whereunder the said Order was made, had been repealed, and therefore, the Order ceased to have any legal force thereafter, and consequently they could not be prosecuted un