JUDGMENT H.P. Asthana, J. - The Applicant Vishwa Mitra has been convicted u/s 6 of the U. P. Control of Supplies (Temporary Powers) Act of 1947 for contravention of paras 4 and 7 of the U. P. Cement Control Order of 1948 and has been sentenced to a fine of Rs. 750/-. It is alleged that he sold cement to one Sisram on the 10th July, 1953, though he had no licence for the same. 2. It has been contended on behalf of the applicant that Act No. II of 1947 was not in force on the date of the commission of the alleged offence and as such the applicant could not have been convicted under it. It was also contended that the Cement Control Order was invalid as the Act under which this order had been promulgated, had already expired long before. 3. The question which, therefore, arises for consideration is, whether Act No. II. of 1947 was in force on the date of which the offence is said to have been committed. 4. Act No. II of 1947 was passed originally for a period of one year and it expired on the 30th September, 1947. Its life was extended for another year by ordinances issued by the Provincial Government. In 1948 Act No. 43 of 1948 known as U. P. Control of Supplies (Continuance of Powers) Act was passed which provided that the U. P. Control of Supplies (Temporary Powers) Act of 1947 would be continued until the 30th September, 1950 and the provision u/s 6 of the U. P. General Clauses Act of 1904 would apply on its expiry if it had been then repealed by the U. P. Act. This Act was passed on the 9th October, 1948 and came into force from that date. Thereafter Act No. 30 of 1950 was passed on 25th October, 1950 which was in similar terms as Act No. 43 of 1948. The object of this latter Act was to extend the life of the U. P. Control of Supplies (Temporary Powers) Act of 1947 till the 30th September, 1952. Act No. 30 of 1950 was in force on the date on which the offence in question was committed. 5. The object of this latter Act was to extend the life of the U. P. Control of Supplies (Temporary Powers) Act of 1947 till the 30th September, 1952. Act No. 30 of 1950 was in force on the date on which the offence in question was committed. 5. It was argued that the life of Act No. II of 1947 could not be extended either by Act No. 43 of 1948 or by Act No. 30 of 1950, because on the date these two Acts were passed, the principal Act, that is, the U. P. Supplies (Temporary Powers) Act of 1947 had already expired. In support of the contention reliance was placed on Ram Kishan Vs. State, AIR 1951 All 181 . One of the questions that arose in this case was whether the U. P. Control of Supplies (Temporary Powers) Act of 1947 was in force on 3rd December, 1947 or would be deemed to be in force on that date in view of U. P. Ordinance No. VIII of 1948 and the United Provinces Act No. 43 of 1948. The answer to this question was given in the negative in this Full Bench decision. It was held that Act No. 43 of 1948 did not extend the life of the principal Act No. II of 1947 as it had already expired when Act No. 43 of 1948 was passed by the Legislature. In view of this decision Act No. 30 of 1950 could not revive Act No. II of 1947 which had expired long before. In the circumstances Act No. II of 1947 under which the applicant has been punished was not in force on the date of the alleged commission of the offence and as such the conviction of the applicant is illegal. 6. In this connection it may also be mentioned that the Cement Control Order which was passed in exercise of the powers conferred under Act No. II of 1947, is also invalid because on the date this Control Order was passed, Act No. II of 1947 was no longer in force. 7. The application is, therefore, allowed and the conviction and sentence of the applicant is set aside. The fine, if paid shall be refunded