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Abdul Sakoor and ors. Vs. the State - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan High Court
Decided On
Case NumberCriminal Bail Appln. No. 59 of 1950
Judge
Reported inAIR1951Raj93
ActsEssential Supplies (Temporary Powers) Act, 1946 - Sections 13 and 13A; Essential Supplies (Temporary Powers) Ordinance, 1949; Rajasthan Iron and Steel (Control of Production and Distribution) Order, 1949 - Rules 5 and 14; Code of Criminal Procedure (CrPC) , 1898 - Sections 498
AppellantAbdul Sakoor and ors.
RespondentThe State
Appellant Advocate Murli Manohar, Adv.
Respondent Advocate Laxmi Narain, Adv.
Excerpt:
- - under the rajasthan ordinance, no person' accused or convicted of a contravention of an order made under section 3 shall, if in custody, be released on bail or on his own bond, unless :(1) the prosecution has been given an opportunity to oppose the application for such release, and (2) where the prosecution opposed the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such contravention......steel order was passed & promulgated by the govt. by virtue of the powers conferred by section 3, rajasthan essential supplies (temporary powers) ordinance, 1949, (xiii [13] of 1949.) the punishment is provided in section 6, essential supplies ordinance.3. the case for the prosecution is that certain iron goods were supplied at controlled rates to lohar co-operative society of nagaur & the accused showed sale of articles prepared from the material to certain fictitious persons. an appln. for bail was moved before the sub-divisional mag., who rejected the same. another appln. under section 498 was moved before the ct. of session but the learned ses. j. was of opinion that section 13, rajasthan essential supplies ordinance superseded the provisions of the cr. p. c. & an appln. under.....
Judgment:
ORDER

Bapna, J.

1. This is a petn. for bail under Section 498, Cr. P. C.

2. Abdul Shakoor & 8 others are being prosecuted for contravening the provisions of the Rajasthan Iron and Steel (Control of Productions and Distribution) Order, 1949, viz, Rules 5 & 14 of that order. The said Iron & Steel Order was passed & promulgated by the Govt. by virtue of the powers conferred by Section 3, Rajasthan Essential Supplies (Temporary Powers) Ordinance, 1949, (XIII [13] of 1949.) The punishment is provided in Section 6, Essential Supplies Ordinance.

3. The case for the prosecution is that certain iron goods were supplied at controlled rates to Lohar Co-operative Society of Nagaur & the accused showed sale of articles prepared from the material to certain fictitious persons. An appln. for bail was moved before the Sub-Divisional Mag., who rejected the same. Another appln. under Section 498 was moved before the Ct. of Session but the learned Ses. J. was of opinion that Section 13, Rajasthan Essential Supplies Ordinance superseded the provisions of the Cr. P. C. & an appln. under Section 498 was not competent. In his opinion, the accused could, if so advised, file a revision against the order of the Sub-Divisional Mag.

4. In this Ct., it is argued that whatever may have been the state of law before, the recent notification in the Rajasthan Rajpatra of 7-10-1950. No. S.R.O. 391 of 17-8-1850, issued by the Govt. of India makes the Indian Essential Supplies (Temporary Powers) Act, 1946, (XXIV 24. of 1916) applicable to Part B States & under the said Act, the provisions as to bail are different from those provided in the Rajasthan Essential (Temporary Powers) Ordinance. Under the Rajasthan Ordinance, 'no person' accused or convicted of a contravention of an order made under Section 3 shall, if in custody, be released on bail or on his own bond, unless :

'(1) the prosecution has been given an opportunity to oppose the application for such release, and

(2) where the prosecution opposed the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such contravention.'

5. This provision is said to be applicable notwithstanding anything contained in any law relating to the Criminal Procedure for the time in force in the whole or any part of Rajasthan. The new provision which is now applicable is Section 13-A of the Indian Act which only restricts the grant of bail in the cases of offences relating to food-grains only. It is as follows :

'Notwithstanding anything contained in the Code of Criminal Procedure, 1898, (Act V [5] of 1898), no person accused or convicted of a contravention of any order under Section 3 relating to food grains which is punishable under the proviso to Sub-section (2) of Section 7 shall, if in custody, be released on bail or on his own bond unless,

(a) the prosecution has been given an opportunity to oppose the application for such release, and

(b) where the prosecution opposes the application, it appears to the Court that there are reasonable grounds for believing that he is not guilty of such contravention.'

6. It is obvious that the ordinary provisions of the Cr. P. C. would govern cases relating to offences in respect of commodities other than food grains. The offence charged is in respect of contravention of the provisions of the order relating to the Iron & Steel & the ordinary provisions of the Cr. P. C. are applicable in respect of the grant of bail. The accused except one of them are all Lohars who have formed themselves into a cooperative society. The offence charged is punishable with imprisonment which may extend to 3 years & under the circumstances of the case, they are entitled to be released on bail pending inquiry or trial. They are directed to be released on furnishing a bond in the sum of Rs. 500 each & two sureties in the sum of Rs. 250 each.


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