Judgment

M. HIDAYATULLAH

( 1 ) , J. : This appeal was preferred by the State of Ajmer, but after the reorganisation of States, the State of Rajasthan stands substituted for the former State. It was filed against the decision of the Judicial Commissioner of Ajmer, who certified the case as fit for appeal to this Court under Art. 132 of the Constitution.

( 2 ) THE Ajmer Legislative Assembly enacted the Ajmer (Sound Amplifiers Control) Act, 1952 (Ajmer III of 1952) (hereinafter called the Act) which receive the assent of the President on 9/03/1953. This Act was successfully impugned by the respondents before the learned Judicial Commissioner, who held that it was in excess of the powers conferred on the State Legislature under S. 21 of the Government of Part C States Act, 1951 (49 of 1951), and therefore ultra vires the State Legislature.

( 3 ) THE respondents (who were absent at the hearing) were prosecuted under S. 3 of the Act for breach of the first two conditions of the permit granted to the first respondent to use sound amplifiers on May 15 and 16, 1954. These amplifiers, it was alleged against them, were so tuned as to be audible beyond 30 yeas (condition No. 1) and were placed a