Bapna, J.—This is a petition for bail under section 498 of the Criminal Procedure Code. 2. Abdul Shakoor and eight others are being prosecuted for contravening the provisions of the Rajasthan Iron & Steel Control of Productions and Distribution) Order, 1949, viz., Rules 5 and 14 of that Order. The said Iron and Steel Order was passed and promulgated by the Government by virtue of the powers conferred by Section 3 of the Rajasthan Essential Supplies (Temporary Powers) Ordinance, 1949. (No XIII of 1949). The punishment is provided in Section 6 of the Essential Supplies Ordinance. 3. The case for the prosecution is that certain iron goods were supplied at controlled rates to Lohar Co-opera-tive Society of Nagaur and the accused showed sale of articles prepared from the material to certain fictitious persons. An application for bail was moved before the Sub-Divisional Magistrate, who rejected the same. Another application under S. 498 was moved before the Court of Session but the learned Sessions Judge was of opinion that Sec. 13 of the Essential Supplies Ordinance superseded the provisions of the Criminal Procedure Code and an application under S. 498 was not competent. In his opinion, the accused could, if so advised, file a revision against the order of the Sub Divisional Magistrate. 4. In this Court, it is argued that whatever may have been the state of law before, the recent Notification in the Rajasthan Rajpatra of 7th October, 1950, No. S. R. O. 391 of 17th August, 1950, issued by the Government of India makes the Indian Essential Supplies (Temporary Powers) Act, 1946, (XXIV of 1946) applicable to Part-B States and under the said Act, the provisions as to bail are different from those provided in the Rajasthan Essential Temporary Powers) Ordinance. Under the Rajasthan Act, "no person" accused or convicted of a contravention of an order made under Sec. 3 shall, if in custody, be released on bail or on his own bond, unless— (1) the prosecution has been given an opportunity to oppose the application for such release, and (2) where the prosecution opposed the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such contravention. 5. This provision is said to be applicable notwithstanding anything contained in any law relating to any Criminal Procedure for the time in force in the whole or any part of Rajasthan.
5. This provision is said to be applicable notwithstanding anything contained in any law relating to any Criminal Procedure for the time in force in the whole or any part of Rajasthan. The new provision which is now applicable is section 13-A of the Indian Act which only restricts the grant of bail in the cases of offences relating to foodgrains only. It is as follows. : — "Notwithstanding anything contained in the Code of Criminal Procedure, 1898. (Act V of 1898) no person accused or convicted of a contravention of any order under section3 relating to foodgrains which is punishable under the proviso to sub-section {2) of section 7 shall, if in custody, be released on bail or on his own bond unless— (a) the prosecution has been given an opportunity to oppose the application for such release, and (b) where the prosecution opposes the application, it appears to the court that there are reasonable grounds for believing that be is not guilty of such contravention." 6. It is obvious that the ordinary provisions of the Criminal Procedure Code would govern cases relating to offences in respect of commodities other than foodgrains. The offence charged is in respect of contravention of the provisions of the Order relating to the Iron and Steel and the ordinary provisions of the Criminal Procedure Code are applicable in respect of the grant of bail. The accused except one of them are all Lobars who have formed themselves into a co-operative society. The offence charged is punishable with imprisonment which may extend to 3 years and under the circumstances of the case, they are entitled to be released on bail pending inquiry or trial. They are directed to be released on furnishing a bond in the sum of Rs. 500/- each and two sureties in the sum of Rs. 250/- each.