Sharma, J.—This is an appeal by Lalchand wh6 is being prosecuted in the Court of the First Assistant City Magistrate, Jaipur, for an offence under sec. 6 read with sec. 8 of the Jaipur Essential Supplies (Temporary Powers) Act of 1947, hereinafter to be referred to as the Jaipur Act, on the allegation that he exported certain iron girders from Jaipur West Railway Station to Pokaran in Marwar on the 5th April, 1949 in contravention of sec. 5 (a) of the Iron and Steel Control (Production and Distribution) Order of 1947, hereinafter to be referred to as the Jaipur Order. One Nanulal was also challaned along with him but he was discharged by the learned Magistrate. Lalchand has come in revision to this Court and the follow-ing two points are raised on his behalf—

(1) that the Jaipur Act was repeated on the 2oth July 1949 by the Rajasthan Essential Supplies (Temporary Powers) Ordinance, 1949, hereinafter to be referred to as the Rajasthan Ordinance, which was published in the Rajasthan Gazette dated the 10th August 1949 and the Rajasthan Ordinance did not save any prosecutions launched under the Jaipur Act.

(2) that no prima facie case was made out against the accused.

2. Taking up the fir

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