TMI Blog1969 (7) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... der, 1955 (to be hereinafter referred to as the Order) read with s. 7 of the Essential Commodities Act, 1955 (to be hereinafter referred to as the Act) is in accordance with law. The appellants are office bearers of M/s. S.K.G. Sugar, Ltd.(Lauriya). A complaint has been registered against them under sub-rule (3) of rule 3 of the Order read with s. 7 of the Act on the ground that they have failed to pay to the sellers the price of the sugarcane purchased by them, within the time prescribed. The said complaint is being investigated. The appellants are objecting to that investigation on various grounds. They unsuccessfully sought the intervention of the High Court of Patna under Art. 226 of the Constitution in Cr. W.I.C. No. 11 of 1966. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified foodcrops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops; Clause (c) provides for controlling the price at which any essential commodity may be bought or sold. From the scheme of cls. (b) and (c) of s. 2 and s. 3 of the Act, it is clear that the Parliament intended to bring under control the cultivation and sale of food-crops. In view of these provisions it is idle to contend that sugarcane does not come within the ambit of the Act. The question whether the cultivation and sale of sugarcane can be regulated under s. 3 of the Act came ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government on 27th August, 1955, it also issued the Sugarcane Control Order, 1955, on the same date investing it with the power to fix the price of sugarcane and direct payment thereof as also the power to regulate the movement of sugarcane. Parliament was well within its powers in legislating in regard to sugarcane and the Central Government was also well within its powers in issuing the Sugarcane Control Order, 1955 in the manner it did because all this was in exercise of the concurrent power of legislation under Entry 33 of List III. It is needless to say anything more on this question. It was next contended by Mr. Iyengar that the regulation of the price of sugarcane is expressly dealt with by the Bihar Sugar Factories Control A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntion is again unsustainable in view of Entry 33 of List III of the Constitution which empowers the Parliament to legislate in respect of production, supply and distribution of foodstuffs. It is not disputed that the Parliament had declared-by law that it is expedient in public interest that it should exercise control over foodstuffs. That being so it was well within the competence of Parliament to enact the Act and hence the power conferred on the Government , under s. 3 of the Act cannot be challenged as invalid. There is no substance in the contention that the impugned order contravenes the fundamental right guaranteed to the citizens under Art. 19 (1 ). No fundamental fight is conferred on a buyer not to pay the price of the goods pu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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