LexMANAGEMENT OF ADVANCE INSURANCE CO. LTD. versus SHRI GURUDASMAL & ORS.
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B c F G H 881 MANAGEMENT OF ADVANCE INSURANCE CO. LTD. SHRI GURUDASMAL & ORS. March 4, 1970 [M. HIDAYATULLAH, C.J., J. M. SHELAT, C. A. VAIDIALINGAM, A. N. GROVER AND A. N. RAY, JJ.j Constitution of India; 1950, 1th Sch. List I Entry BO-Word 'State' in Entry-Whether includes 'Union Ti:rritories' after passing of Constitution (Seventh Amendment) Act, 1956-Adaptation of Laws (No. I) Order 1956 enlarging definition of 'State' in s. 3(5B) of General Clauses Act, IB97 to include Union Territorits-Efject of Order-Power of President to pass Order after expiry of period specified in Art. 372(2) of Constitu- ,.tion-Power is-sustained under nelV Art. 372-A. Special Police Establishment Act 25 of 1946 as amended in 1952-· I'urporling to cteate Special Police Force "in Delhi '-Such fr>rce whether "belonging to" a 'State' within meaning of Entry BO-Consent of State Government to extetision of powers of Special Police Establisohment- Pr.oof-Consent already given in respect of certain offences subsists after new offences added by fresh notification. Entry BO in List I of the 7th Sch. tffthe Constitution of India 1950 corresponding to entry 39 in the Federal List of the Government of In~ia Act, 1935, empowered the Central Legislature inter alia to extend the powers and jurisdiction of members of the police force 'belonging to' any State to any area outside that State. with the consent of the State in which such area was situate. Under the Constitution as originally adopted the States in the Indian Union were specified as Part A, B & C States and certain territories as part D territories. - By the Constitution (Seventh Amendment Act), 1956 the distinction between Part A & B States was abolished and Part C States and Part D tetritories came to be described as Union Terri~ories. The Delhi Special Police Establishment Act 25 of 1946 was passed under entry 39 of :he Federal List of the Government of India Act, 1935. As adaoted in 1950. the Ion~ title of the Act referred to Soecial Police Force 'for the State of Delhi'. After th~ Delhi Special Police Establishment (Amendment) Act '26 df 1952 the long title referred to a Special Police Force 'in Delhi'. The Adaptation of Laws (No. 3) Order 1956 substituted the words 'Union Territofies' in place of Part 'C' States in the Delhi Special Police Establishment Act. On November 6, 1956 Notifjcation No. 7 /5/55-AVD wa. issued by the Central Government under s. 3 of the Act enabling the Special Police Establishment to investi- gate inter alia offences under ss. 409 and 477A of the Indian Penal Code. By memorandum No. DPE/1260/6554-V, dated July 2, 1960, the Govern- ment of Maharashtra purported to express its consent to the extension to the State of Mah,rashtra of the oowers of Delhi Police Establishment to investigate into the offences mentioned in the Central Government Notifi- cation aforesaid dated November 6, 1956 and subsequent not;fications dated February 12, 1957, June 21, 1957 and August 27, 1957. The aooo1lant comoany was charged in a comulaint filed by Incom~-tax Officer (Section X Contrail, Bombay with offences under ss. 409, 477A and 120B read with s. 409 df the Indian Panel Code. The case was reo;s•ered by the Suoerintendent of Police, Soeci>l Police Establishment, Delhi and in- vesti~ation thereof was ordered to be conducted in the State of Maharash- tra by an lnspectm under the Establishment. The appellant filed .• writ , 882 SUPREME COURT REPORTS [1970) 3 S.C.R. petition under Art. 226 of lhe Constitution challenging the power of the Special Police Establish~nt to investigate the case in the State of Maha- rashtra. The petition being dismissed, an appeal with certificate was filed in this Court. The contentions rai•ed on behalf of the appellant which fell for consideration were: (i) that Act 25 of 1946 when it was made applicable to Union Territories as a result of Adaptation Order No. 3 of 1956 was thereby cut adrift from entry 80 which referred only to 'States' (ii) that the enlargement of the definition of 'State' in s. 3(58) of the General Clauses Act to include Union Territories as respects the period after the Seventh Amendment of the Constitution was not effectively made by Adaptation Order (No. I) 1956 because the power of the President under Art. 372(2) expired in 1953; (iii) that Act 25 of 1947 as amended in 1952 purpoted to create a special police force in Delhi, and the Act was not thus not in
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