SS Sidhu What Does Chandigarh Advocates For Anticipatory Bail Mean
The information of this incident was lodged by Mr. The other line of reasoning that is put forward in support of the argument is, that the intention of the Central Legis- lature not to include export and import within the provisions of the Essential Supplies Act is evidenced by the fact, that the Central Legislature dealt with export and import -of goods separately, and by an, altogether different set of enactments which exist side by side with the Essential Supplies Act and other legislation of the same type preceding it.
39) and that statute 327 conferred, only for a short period of time, a, power in the Central Indian. Section 10 provides:- "If any person contravenes any provision of this Order, he shall be punishable with imprisonment which may extend to 3 years, with fine or both and without prejudice to any other general punishment which may be imposed by any court trying such contravention may direct that any cotton cloth and/,or yarn in respect of which the court is satisfied that this order, has been contravened together with the 326 covering and packing of such cloth shall be forfeited to His Majesty.
The anticipatory bail Chandigarh High Court anticipatory bail chandigarh high court observed that acquittal by the trial court was based on omissions and contradictions which were not material and did not affect the veracity of the prosecution case. It is said, therefore, that the Essential Supplies Act purported to deal exclusively with provincial matters, and import and export of goods outside the Indian territory, being a central subject, could not reasonably be brought within the purview of the Act. " The point for our consideration is, whether the -above provisions which prohibit inter alia the export of certain essential commodities to any country outside India without a permit and make the violation of such provisions an offence, were validly made by the Governor in exercise of the powers delegated to him under section 4 of the Essential Supplies (Temporary Powers) Act 1946 ?
Cheriyan @ Papputy anticipatory bail lawyers in Chandigarh with the Koonachundu Police Station whereafter the the appellant and the co-accused, his brother were arrested on 21. XX of 1946, was promulgated, which inter alia continued the provisions of the Defence of India Rules relating to prohibition and restriction of import and export of goods. On the closure of the investigation, charge-sheet was laid against both the accused persons under Sections 498A/ 302 read with Section 34 IPC and eventually, the case was committed for trial to the Sessions Court, Kozhikod.
Subsequently on the 26th of March, 1947, the Im- ports and Exports (Control) Act was passed, which dealt comprehensively with the subject of control over exports and imports. Legislature to legislate on certain provincial matters, which it could not do after the revocation of the Proclamation of -Emergency on the termination of the war. Section 3 of the Essential Supplies Act, it is true, authorised the Central Government to make provisions for regulating-and anticipatory bail lawyers in Chandigarh prohibiting the production, supply and distribution of the essential commodities -specified anticipatory bail lawyers in Chandigarh the Act and also trade and commerce therein; but it is argued by the learned counsel that the expression, " trade and commerce ", as used in the section, must be taken to mean trade and commerce within procedure anticipatory bail a province or at the most between provinces inter se, but it cannot include any transaction by way of exporting goods outside India.
On the very day that this Ordinance ,was passed, another Ordinance, being Ordinance No. On the 26th September, 1946, the Essential Supplies Ordinance was passed and this was later replaced by the Essential Supplies Act. (1) 45) imposing prohibitions on export of various descriptions of goods specified therein. Matters of export and import, it is said, were not within the scope of section 3 of the Essential Supplies and :the notification tinder section 4 could only delegate to the Governor such powers as the Central Government could itself 'exercise under section 3.
It is pointed out that there was an order made under the Defence of India Rules on 3rd November, 1945, (being Order No. anticipatory bail lawyers in Chandigarh His contention is that the Governor, in making the order, acted in excess of is delegated authority by prohibiting the export of cotton cloth and yarn to any I place outside India. The Defence of India Rules were due to expire on the 30th September, 1946. This interpretation, somewhat restricted as it appears to us, is sought to be supported by a two-fold argument.
It is not suggested by the learned counsel that there was anything improper in the Central Government's delegating its powers to the Governor of East Punjab under section 4 of the Essential Supplies (Temporary Powers) Act. Thus, the trial Court adopted a totally perverse approach. In the first Place, it, is said, that the Essential Supplies Act, as its, Preamble shows, was passed by the Central Legislature in exercise of the authority conferred upon it by the India (Central anticipatory bail lawyers in Chandigarh Government and Legislature) Act, 1946, (9 and, 10 Geo.
As it would be unnatural to suppose that the legislature was legislating on the same subject simultaneously by two parallel sets of legislation existing side by side, it is argued that export and import of goods were not within the scope and intendment of the Essential Supplies Act.
