1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT The State of Rajasthan vs. Chaina Ram & Ors. S.B. Criminal Appeal No.55/1988 u/s 378(1) Cr.P.C. against the order dated 23.07.1987 passed by the Special Judge, Jalore in Criminal Case No.19/1986. Date of Judgment : 17th April, 2008. PRESENT HON'BLE MR. JUSTICE MAHESH CHANDRA BHAGWATI Mr.O.P.Rathi, Public Prosecutor. Mr.Manish Shishodia for the accused respondents. BY THE COURT: This judgment governs the disposal of criminal appeal directed against the order dated 23rd of July, 1987 passed by the Special Judge , Jalore whereby the learned Judge has dropped the proceedings pending 2 there against the accused respondents Chaina Ram, Liyakat Ali and Sobu under Section 3 read with Section 7 of the Essential Commodities Act. The accused respondents are alleged to have been prosecuted for the violation of the provisions of Rajasthan Cattle Fodder (Sale of Stock & Prohibition of Export) order 1985 (hereinafter referred to as 'the Order of 1985'). Heard Mr.O.P.Rathi, learned Public Prosecutor , as also Mr.Manish Shishodia, counsel appearing on behalf of the accused respondents, perused the relevant material available on record and scanned the relevant order issued by the Government of Rajasthan, which came into force on 01st of October, 1985. The learned Public Prosecutor, Mr.O.P.Rathi, has contended that on the relevant date of occurrence, the Order of 1985 was alive and in force. If the accused respondents have acted in violation of this order, they are liable to be prosecuted under the provisions of the 3 Code of Criminal Procedure, 1973. Learned counsel Mr.Manish Shishodia, appearing for the accused respondents, has argued that the accused respondents could not be prosecuted in the Court for the violation of order of 1985,which was there, also to show the order which was alive only upto 31st of July, 1986, he has cited the case of Jai Chand vs. State of Rajasthan [1986 WLN (UC) 376] in support thereof. The learned counsel Mr.Shishodia has further argued that the case at hand is squarely covered by this judgment of this Court, which is based on two judgments of the Hon'ble Supreme Court, which have been referred therein. In the case of Jai Chand (supra), this Court has observed that a person cannot be prosecuted under the law unless there is a saving clause to that effect. It is pertinent to note that the order of 1985 itself envisages about its remaining in force upto 31st of July, 1986. The second clause of the order of 1985 4 contemplated that it shall come into force at once and the 4th clause of this order envisages that it shall remain in force only upto 31st of July, 1986. There is no dispute about the fact that the truck which was loaded with cattle fodder 'gwar' was inspected on 22nd of June 1986 when the said order of 1985 was in force. But this Court has held in Jai Chand's case (supra) that the temporary statute has force till it lasts and no action can be taken under it after it ceases to have effect of either by repeal or is spent up by efflux of time. This Court has further observed that after the order being spent up by efflux of time, proceedings cannot continue for the violation of any such order. The learned counsel for the accused respondents has full force in his argument and he has rightly urged that this case in hand is squarely covered by the judgment of this Court in Jai Chand's case (supra). Having considered the submissions made at the 5 bar, scanned the relevant order of 1985 and relied on the judgment of Jai Chand's case (supra), I am of the considered opinion that the proceedings cannot be continued against the accused respondents in the trial Court for the violation of the order of 1985, which died or did not survive after 31st of July, 1986. The learned Special Judge, Jalore has rightly dropped the proceedings against the accused respondents vide its order dated 23rd of July 1987 and released them. I do not find any infirmity or illegality in the impugned order of the lower court and as such the criminal appeal filed by the State is liable to be dismissed. In view of the above, this criminal appeal directed by the State of Rajasthan against the impugned order dated 23rd of July, 1987 passed by the Special Judge, Jalore, is dismissed. (MAHESH CHANDRA BHAGWATI), J. l.george