TMI Blog1953 (10) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... done without obtaining the requisite permits as contemplated by the Paddy (Acquisition and Movement) Control Order. The lender as well as the borrower of the paddy are alleged to have contravened the direction contained in Section 7 of the said Order and to have thus committed an offence punishable under Section 20 (1) of that Order. They were accordingly prosecuted for the said offence in C. C. 11/1950. The prosecution in C. C. 12/50 was for the unauthorised transport of the aforesaid paddy from Kakkulisseri village to Poyya village. As a result of the trial of these two cases, the learned Magistrate found that the acts attributed to the revision petitioner were really committed by him viz., that he obtained on loan 75 paras of paddy from the 1st accused in C. C. 11/1950 and got it transported to his own house in Poyya village. It was also found that this accused had not obtained the permits as required by the Paddy (Acquisition and Movement) Control Order authorising him to procure paddy and transport it in the manner done by him. In C. C. 11/1950 this accused was convicted under Section 20 (1) of the Paddy (Acquisition and Movement) Control Order and sentenced to pay a fine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le 304 of the Constitution. This Article occurs in Part 13 of the Constitution, dealing with trade, commerce and intercourse within the territory of India. Article 301 states that subject to the other provisions of Part 13 of the Constitution, trade, commerce and intercourse throughout the territory of India shall be free. The limitations that could be imposed on this freedom are those contemplated by the other provisions contained in Part 13. Article 302 empowers Parliament to enact laws imposing such restrictions on the freedom of trade, commerce and intercourse between one State and another or within any part of the territory of India as may be required in the public interest. Restrictions on this general power of legislation have been imposed by Article 303 which states that notwithstanding anything in Article 302, neither Parliament nor the legislature of a State shall have power to make any law giving, or authorising the giving, of any preference to one State over another, or making, or authorising the making of, any discrimination between one State and another by virtue of any entry relating to trade and commerce in any of the Lists in the Seventh Schedule. This rest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rticle 304 of the Constitution no definite ruling was given in that case. The learned Judges who took part in that decision dealt with this matter only incidentally and at the same time they have expressly stated that they were not giving any definite ruling on the question because it was unnecessary to do so in the nature of that case. It is also seen that divergent views were expressed by them on the question of the scope of Clause (b) of Article 304, one view being that the expression trade, commerce or intercourse within that State occurring in Clause (b) is wide enough to include freedom of trade within the State, and the other view being that the expression trade, commerce or intercourse with or within that State applies only to such trade and commerce with or within the State have their inter-State ramifications throughout the territory of India or have inter-State importance. It is stated that this latter view is more in accord with the heading of Part 13 itself which relates to freedom of trade, commerce or inter-course within the territory of India. With all respect, we have to confess that this view does net commend itself to us. There is no warrant for construin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Public Safety Measures Act are indicated in the operative portion of Clause (1) of the section which runs as follows: The Government, so far as it appears to them to be necessary or expedient .... may, by notified order, provide for regulating or prohibiting the production, supply, distribution and transport of essential articles and trade and commerce in such articles. These subjects come under items 26 and 27 of List II of Schedule VII of the Constitution. List II, which is the State List, enumerates the matters in respect of which the State Legislature has exclusive power to make laws for such State or any part thereof as provided by Clause (3) of Article 246. Item 26 takes in trade and commerce within the State subject to the provisions of entry 33 in List III , while item 27 takes in production, supply and distribution of goods subject to the provisions of entry 33 of List III . List III is the concurrent List and item 33 of that List takes in trade and commerce in, and the production, supply and distribution of, the products of industries where the control of such industries by the Union is declared by Parliament by law to be expedient in the public in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he respective legislatures. Article 246 occurs in Chapter I of Part 11 of the Constitution. Part 11 deals generally with the relations between the Union and the States, Chapter I deals particularly with the Legislative relations between the Union and the States and all that has been done by Article 246 is to enumerate the subjects assigned to the Union and to the States for the purposes of legislation. These subjects have been classified under three Lists viz., the List, the State List and the Concurrent List. Limitations on the exercise of the legislative powers by these respective bodies have been laid down in other parts of the Constitution. Articles 302 to 304 deal with some of these limitations. Clause (b) of Article 304 recognises the power of the State Legislature to enact laws imposing reasonable restrictions on the freedom of trade, commerce or intercourse with or within the State as may be required in the public interest. But the exercise of this power has been made subject to the condition of having obtained the previous sanction of the President. Apparently this provision might appear to be in conflict with the exclusive power conferred on the State Legislature unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntal provisions in the Constitution. To do so would be omitting to give effect to one or the other of the provisions having a direct bearing; on the enactment of the impugned section. The salutary rule of construction to be adhered to and followed in arriving at the true find real purport of the relevant provisions of the Constitution governing a particular case, has been particularly emphasised by the Supreme Court in - Gopalan v. State of Madras' 1950CriL J1383 . There it was pointed out that the Constitution must be interpreted in a broad liberal manner, that it will be improper to omit any word which has a reasonable and proper place in it or to refrain from giving effect to its meaning and that the presumption, should be that no conflict or repugnancy was intended by its framers. Tested in the light of this principle, it is clear that the constitutionality of Section 3 of the Public Safety Measures Act, 1930 could be upheld only if the require-merits of Clause (b) of Article 304 of the Constitution had also been satisfied in the enactment of the section. 6. As already pointed out, the proviso to Clause (b) of Art-. 304 states that no bill or amendment for the pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the other sections and as such the invalidity of B. 3 by itself has no bearing on other sections. The Paddy (Acquisition and Movement) Control Order, 1950, having been issued by the State in exercise of the powers derived from Section 3 of the Public, Safety Measures Act, 1950, is also devoid of legal sanction behind it and accordingly it is also declared to be void. It follows therefore that the acts found to have been committed by the revision petitioner in contravention(sic) of Sections 7 and 17 of the Paddy (Acquisition and Movement) Control Order cannot amount to commission of offences under law for which he could be convicted and sentenced. 7. In the result we result both these revision petitions and hold that the conviction entered and the sentence passed against the petitioner-accused in C. C. No. 11/1950 and C. C. No. 12/1950 on the file of the Special First Class Magistrate's Court at Cranganore, are unsustainable in law. The conviction and sentences are quashed and the petitioner is acquitted of the offences charged against him in these two cases. The fine, if already realised from him in these cases, will be refunded to him. The value of the paddy recovered f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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