( 1 ) THE applicant is the manager of the Badal Ram Lakshami Narain Oil Mills at Banaras and has been convicted under Section 7, Essential Supplies (Temporary Powers) Act, 1946 (XXIV [24] of 1946) for committing a breach of the provisions of the U. P. Oil Seeds and Oil Seeds Products control Order, 1945, inasmuch as a large stock of linseed oil-seeds received by the Mills was not entered in their registers, as it ought to have been under the conditions of the licence, for a period of nearly ten days. The trial Court sentenced the applicant to a fine of Rs. 500/-, but the lower appellate Court finding that the omission did not appear to have been dishonest and was due only to negligence or carelessness reduced the amount of the fine to Rs. 50/ -.

( 2 ) IN this Court it is argued that linseed oil-seeds not being an essential commodity as defined in section 2 of the Act, the Control Order of 1945 cannot be said to have been kept alive by Section 17 of the Act in so far as it relates to linseed oil-seeds. In a case just decided by me--Gopi krishna Malviya v. State, (Cri. Revn. No. 222 of 1950 D/- 21-8-1950) I have held that only such orders passed under the Essential