Temporary statute proceedings lapse on rescission without a saving clause; pending prosecution under the Guest Control Order could not continue.

Proceedings under a temporary statute lapse on its expiry or rescission unless the statute or the rescinding notification expressly saves pending cases. The Rajasthan Guest Control Order, 1965 was a temporary enactment and was rescinded without any saving clause. As no provision preserved pending prosecutions, action already taken under the Order could not continue after its cessation. The pending prosecution was therefore not maintainable, and the petitioners were entitled to discharge.

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Issues: Whether proceedings initiated under the Rajasthan Guest Control Order, 1965 could continue after the Order was rescinded by notification without any saving clause.

Analysis: The Order was a temporary enactment. It was rescinded by Notification No. S. O. 29 dated 9 September 1971, and the notification did not preserve pending cases. In the case of a temporary statute, where no provision to the contrary exists, proceedings already taken under it terminate on expiry and no further action can be maintained after its cessation.

Conclusion: The pending prosecution could not be continued after the rescission of the Rajasthan Guest Control Order, 1965, and the petitioners were entitled to discharge.

Ratio Decidendi: Proceedings under a temporary statute lapse on its expiry or rescission unless the statute or rescinding notification expressly saves pending cases.

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