1972 (4) TMI 110

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.... On receipt of the above complaint the Station House Officer went to the spot and investigated the matter. He then submitted his report on May 29, 1971 requesting the court to take cognisance of the offence under Section 7/3 of the Essential Commodities Act read with Rule 3 of the Rajasthan Guest Control Order. 1965. On receipt of that report the Sub-Divisional Magistrate ordered to register the case under the aforesaid provisions of law and issued warrants of arrest against accused Ram Chandra and Suraj Narain on June 14 1971. The petitioners went up in revision before the learned Sessions Judge Merta against the cognisance of the alleged crime having been taken by the Sub-Divisional Magistrate. Mr. S.C. Calla. Sessions Judge. Merta reject....

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....a reference is made to Craies on Statute Law. Fifth Edition pages 377 and 378. In S Krishnan v. State of Madras [1951] 2 SCR 621 it has been observed by his Lordship Patanjali Sastri J.: This general rule in regard to a temporary statute is that in the absence of Special provision to the contrary proceedings which are being taken against a person under it will ipso facto terminate as soon as the statute expires. The matter also received consideration of a Full Bench of the Orissa high Court in Krishna Chandra v. Sushila AIR 1951 Ori 105 . In that case it was held: After the expiry of a Statute in the absence of a provision to the contrary no proceedings can be taken on it and proceedings already taken ipso facto determi....

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....decision in Wicks v. Director of Public Prosecutions1947 AC 362. In that case an offence against the Defence General Regulations made under the Emergency Powers Defence Act. 1939. was committed during the currency of the Act and the offender was prosecuted and convicted after the expiry of the Act. A contention was raised before the House of Lords on behalf of the offender that his prosecution and conviction were invalid because at the relevant time the temporary Act had ceased to exist. That plea was rejected in view of the provisions of Section 11 Sub-section (3) of the Act. That sub-section had provided that the expiry of the Act would not affect the operation thereof as respects things previously done or omitted to have been done. The a....