Judgement

SHAH, J. : By S. 37 of the Mysore Forest Act 11 of 1900 the State Government is authorized to make rules to regulate the "transit of * * forest produce". In exercise of the powers conferred by S. 37 the State Government of Mysore has framed rules to regulate the "transit of timber, fire-wood, charcoal and bamboos from all lands". By R. 2 framed on October 13, 1952 it was provided that no person shall import forest produce into, export forest produce from, or move forest produce within, any of the areas specified in Sch. A (hereinafter referred to as the Scheduled area), unless such forest produce is accompanied by a permit prescribed in R. 3. On April 15, 1959 the State of Mysore issued a notification adding a provision to R. 2 which read as follows :

"Provided that no such permit shall authorise any person to transport forest produce between sun-set and sun-rise in any of the areas specified in Sch. "A".

By another notification, dated September 14, l960, the State Government introduced the second proviso to R. 2 which read:

"Provided further that permission may be granted to timber merchants on their requisition to transport timber upto 10 p.m. (22 hrs.) under the follow