SISIR KUMAR DUTTA vs STATE OF WEST BENGALUNION OF INDIA-Intervener.

The Supreme Court upheld the validity of the extension of the Essential Supplies (Temporary Powers) Act, 1946, beyond 26th January 1950, by the Constituent Assembly, asserting that it had the authority to do so under the India (Central Government and Legislature) Act, 1946. The Court clarified that the Provisional Parliament did not possess the power to extend the Act, and thus the resolution passed on 20th December 1949 was valid. Consequently, the appellant's conviction under Section 7(1) of the Act was affirmed as the Act was in force at the time of the offence committed on 24th October 1950.