Law: Criminal Procedure Code (V of 1898)

Section: 144

  Criminal Procedure Cole (V of 1898)  S. 144-District Magistrate prohibiting export of gur, shakar, and khandsari to any place outside district--Ground of order: scarcity and shortage of sugar to prevail in country resulting in disturbance of public peace and tranquillity in district-Held, commodity may be scarce in country but not in a particular locality or in a locality but not in country-Scarcity in country-Does not attract emergency powers of District Magistrate-Scarcity in `locality of District Magistrate's jurisdiction alone attracts such. powers provided such is likely to result in disturbance of public peace and tranquillity--Order not mentioning scarcity of sugar in district concerned-Neither shortage anticipated likely to threaten public peace nor process involved indicative of immediate need of preventive action or speedy remedy-Order on other hand directed to ensure abundant supply of sugarcane to Sugar Mills-Resort to S. 144, in circumstances, held, amounted to straining law to breaking point --Order set aside. Date of hearing: 6th December 1973.                                                                                                                           JUDGMENT The petitioners, eight in number, all belonging to District Layallpur and engaged in either the preparation or sale of gur, khandsari or shakar have invoked sections 435 and 439 of the Criminal Procedure Code for challenging an order of the Additional Deputy Commissioner invested with the powers of District Magistrate, Layallpur, dated 2-11-1973, passed under section 144 of the Criminal Procedure Code prohibiting the export of gur, shakar and khandsari to any place outside that District. 2. The challenge to the order is that the power has been exercised on a ground not relatable to the purpose for which that power has been conferred making it thereby a case of…