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Gujarat High Court
Judgename :V.B.RAJU
STATE OF GUJARAT - Appellant
Versus
AMBALAL VITHALDAS - Respondent
CRIMINAL REVISION APPLICATION 373 of 1964
Decided On : 10/23/1964
Gujarat Ground-nut ( Declaration of Stock ) Order 1964 – Defence of India Rules. 1962 – Rule 155 – Bail – Criminal Revision Application –Contention in this application is that a person against whom a prosecution was launched for contravention of the Gujarat Ground-nut Order 1964 has been released on bail without stating that there are reasonable grounds for believing that he is not guilty of the contravention alleged as such a finding is required by Rule 155 (b) of the Defence of India Rules. 1962 – Held, It is to be noticed that at the beginning of Rule 155 the phrase used is Contravention of these Rules or orders made thereunder – But in sub-rule (b) that phrase is qualified by the words as the Central Government or the State Government may by notified order specify in this behalf Sub-rule (b) applies only to such rules or orders as the Central Government or the State Government may by notified order specify in this behalf – On other words it refers to rules and orders which are notified separately by the Central Government or the State Government for the purpose of Rule 155 – There is no evidence before me that the rule or order contravened is a notified rule or order for the purpose of Rule 155 – The contention of the learned Government Pleader is therefore rejected – Unless it is a notified rule or order Rule 155 would not apply –Revision Application Dismissed
( 1 ) THE contention in this application is that a person against whom a prosecution was launched for contravention of the Gujarat Ground-nut ( Declaration of Stock ) Order 1964 has been released on bail without stating that there are reasonable grounds for believing that he is not guilty of the contravention alleged as such a finding is required by Rule 155 (b) of the Defence of India Rules. 1962. Rule 155 of the said Rules reads as follows:-- 155 Special provision regarding bail :-Notwithstanding anything contained in the Code of Criminal Procedure 1898 ( V of 1898 ) no person accused or convicted of a contravention of these rules or orders made thereunder shall if in custody be released on bail or on his own bond unless- (a) the prosecution has been given an opportunity to oppose the application for such release and (c) where the prosecution opposes the application and the contravention is of any such provision of these rules or orders made thereunder as the Central Government or the State Government may by notified order specify in this behalf the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such contravention. It is to be noticed that at the beginning the phrase used is Contravention of these Rules or orders made thereunder. But in sub-rule (b) that phrase is qualified by the words as the Central Government or the State Government may by notified order specify in this behalf Sub-rule (b) applies only to such rules or orders as the Central Government or the State Government may by notified order specify in this behalf. on other words it refers to rules and orders which are notified separately by the Central Government or the State Government for the purpose of Rule 155. There is no evidence before me that the rule or order contravened is a notified rule or order for the purpose of Rule 155. The contention of the learned Government Pleader is therefore rejected. Unless it is a notified rule or order Rule 155 would not apply.
( 2 ) THE revision application is therefore dismissed.
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