B. N. BANERJEE, J.

( 1 ) IN exercise of the powers under Sub-rules (2) and (3) of Rule 125 of the Defence of India Rules 1962, the Governor of West Bengal made an order known as the "west Bengal Chhana Sweets Control Order 1965" (hereinafter referred to as the Control Order ). The object of the control order is, as stated in the preamble, the maintenance of supplies and equitable distribution of milk. The order was published in an Extra-ordinary issue of the Calcutta Gazette, on August 23, 1965, and three days thereafter the petitioner disputed the validity of the order and obtained this Rule.

( 2 ) IT is necessary for me to notice the relevant provisions of the Control Order at this stage. Clause (2) of the Control Order is the definition clause. Under Clause 2 (b), "chhana means a product obtained through coagulation of milk followed by draining off the whey. " Under Clause 2 (c)"chhana sweets mean sweets of any kind containing Chhana as one of the ingredients but does not include the variety of sweets commonly known as Rasogolla, Pantua (Ladykene) Cham-Cham, Khirmohan and Langcha. "the definition includes a variety of Chhana sweets called "sandesh", which is well known to the

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