Judgment

MAHAJAN, C.J.I. : The facts giving rise to this appeal are these:

The appellant Harishankar Bagla and his wife Smt. Gomti Bagla were arrested at Itarsi by the Railway Police on the 29th of November 1948 for contravention of Section 7 of the Essential Supplies (Temporary Powers) Act, 1946, read with clause (3) of the Cotton Textiles (Control of Movement) Order, 1948, having been found in possession of "new cotton cloth" weighing over six maunds which cloth, it was alleged, was being taken by them from Bombay to Kanpur without any permit. After various vicissitudes through which the challan passed the case was eventually withdrawn by the High Court to itself on 3rd of September 1951 as it involved decision of constitutional issues. By its order dates the 15th September 1952 the High Court upheld the provisions of Sections 3 and 4 of the Essential Supplies (Temporary Powers) Act, 1946, as constitutional. It also upheld the constitutionality of the impugned Order. Section 6 of the act was held to be inconsistent with the provisions of the Railways Act but it was held that its unconstitutionality did not affect the prosecution in this case. The High Court directed that the prosec