Leach, C.J.

1. This is an application by the Provincial Government for an order expunging from the judgment of the Sessions Judge of Chittoor certain remarks made by him in Criminal Application No. 52 of 1943. The appellant was a village shopkeeper. On 9th October 1942, he was discovered to have in his possession nine bags of paddy weighing 18 maunds, and seven bags of rice weighing 17 1/2 maunds. He had no licence. A licence was required for the storage of more than twenty maunds. As he had stored grains in excess of 20 maunds, he was prosecuted under the Food Grains Control Order, which became law on 22nd June 1942. He was fined Rs. 50 and the 16 bags of grains, valued at Rs. 300 were forfeited to the Government. He did not challenge the validity of his conviction; but he appealed against the order of forfeiture. The appeal was allowed because the offence has been committed on 9th October 1942, and the power to forfeit had not been conferred upon Magistrates until 5th February 1943, when an amendment was made in Rule 81 (4), Defence of India Rules, in order to give such power. The appeal was rightly allowed, but the Sessions Judge did not confine himself to the legal quest