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A.H.KHAN, NEVASKAR
State – Appellant
Versus
Fatehchand – Respondent
A.H. KHAN, J.
This reference has been made by the learned Sessions Judge, Indore, recommending that the charge framed by the Additional City Magistrate, Indore, against Fateh Chand under S.8, Madhya Bharat Essential Supplies (Temporary Powers) Act (Act 3 of 1948), read with Cl. 16(1), Cotton Textile (Control) Order of 1948 be quashed. The offence is alleged to have been committed between 7-12-1948 and 21-1-1949, when the Madhya Bharat Act No.3 of 1948 was in force. This Act was repealed on 17-8-1950 by S.17(4) of the Central Act known as the Essential Supplies (Temporary Powers) Act (24 of 1946) as extending to Part B States by the amending Act No.52 of 1950.
2. The main grounds upon which the reference is based are:
(1) that on the repeal of the Madhya Bharat Essential Supplies (Temporary Powers) Act 1948 by the Central Act referred to above, prosecutions pending under the Madhya Bharat Act and not concluded before 17-8-1950 could not be continued, since the repealing Act did not provide for such continuance.
(2) that the General Clauses Act of the Centre (Act 10 of 1897) having not been extended to Madhya Bharat, will not apply so as to attach the provisions of S.6(e) ther
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