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<h1>Court rules prosecutions can proceed under Extended Essential Supplies Act despite expiry, citing Constitution Article 369.</h1> The court considered quashing charges under the Essential Supplies (Temporary Powers) Act, 1946. The judge ruled that the Act was continued by Parliament ... - Issues:1. Consideration of quashing charges under the Essential Supplies (Temporary Powers) Act, 1946.2. Interpretation of Article 369 of the Constitution regarding the continuation of prosecutions after the expiry of a temporary Act.Issue 1:The judgment involves the consideration of quashing charges framed under the Essential Supplies (Temporary Powers) Act, 1946. The Additional Sessions Judge recommended quashing charges against accused found with excess textiles, controlled at the time. The accused argued that prosecutions under a temporary Act cannot continue after its expiry, citing rulings from the Allahabad High Court and the Supreme Court. The judge analyzed conflicting authorities and the applicability of Section 6 of the General Clauses Act, ultimately deciding that the Act was continued by Parliament beyond its temporary period, thus allowing the prosecutions to proceed. The judge rejected the argument that the Act ceased to be in force after the expiry of five years.Issue 2:The judgment delves into the interpretation of Article 369 of the Constitution concerning the continuation of prosecutions post the expiry of a temporary Act. The judge examined the argument that prosecutions not initiated or completed before the Act's expiry cannot continue, based on the phrase 'things done or omitted to be done.' Drawing on precedents from the House of Lords and the Federal Court, the judge concluded that the saving clause in Article 369 preserved the Act's application for ongoing and future prosecutions. The judge emphasized that the clause overrides any other constitutional considerations, allowing the prosecutions to proceed despite the Act's temporary nature. Consequently, the judge did not accept the references and returned them as not accepted.
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