| Topics |
Headnote |
Judgement |
| ESSENTIAL COMMODITIES ACT, 1955 |
|
PDF |
| ESSENTIAL COMMODITIES ACT, 1955 |
IPC — Ss 336, 337 & 338 r/w 435 & 304-A — Essential Commodities Act — S 7 — Conviction under — No mischief and/or intention on the part of the accused — accused also injured in the incident in question — Held, if there would be any ill-intention or otherwise behind the incident, they would not have been injured in the incident— Expert — non-examination of — No competent person from the department of civil supplies examined — the investigation suffers from material illegality and lapses — acquittal. |
PDF |
| ESSENTIAL COMMODITIES ACT, 1955 |
Essential Commodities Act — S 3 & 7 — Framing of additional charge under — with the aid of repealed order —Held, the prosecution has wrongly invoked the Order 1988 while preferring the application for framing of additional charge under the EC Act — Conviction set aside. |
PDF |
| ESSENTIAL COMMODITIES ACT, 1955 |
Essential Commodities Act — S 3 & 7 — Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order — Cl 7 — Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order — Cl. 11 — Powers as to entry, search & seizure — Held, aforesaid clauses require an officer of the Department of Food and Civil Supplies of the Government, not below the rank of an Inspector authorised by the government or any other officer as described in the aforesaid clauses — nothing on record to show that such a provision has been complied with while invoking the provisions of the EC Act and thereby — failure to — is failure to comply the mandate of the law — Conviction is vitiated with material illegality — Conviction set aside. |
PDF |