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Nathulal Vs. State of Madhya Pradesh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Judge
Reported inAIR1966SC43; 1966CriLJ71; 1965MhLJ783(SC)
ActsIndian Penal Code (IPC), 1860 - Sections 40; Essential Commodities Act, 1955 - Sections 3 and 7; Madhya Pradesh Foodgrains Dealers Licensing Order, 1958 - Sections 3 and 3(2)
AppellantNathulal
RespondentState of Madhya Pradesh
DispositionAppeal allowed
Books referredHalsbury's Laws of England, 3rd Edition
Excerpt:
.....appeal against conviction for offence under section 7 - appellant who was dealer in food grain was charged for offence under section 7 for having stocks of wheat for the purpose of sale without a license - appellant had applied for the license and stored grains on belief that it would be issued to him - whether under section 7 of the act a factual non-compliance of the order by a dealer will amount to an offence thereunder even if there was no mens rea on his part - a person commits an offence under section 7 of the act if he intentionally contravenes any order made under section 3 of the act - facts revealed that accused stored the goods under a bona fide impression that the licence in regard to which he had made an application was issued to him though not actually sent to him - held,.....order11. following the judgment of the majority, the appeal is allowed, the order of the high court convicting the appellant is set aside and '' the appellant is acquitted of the offence with which he was charged. the bail bond is discharged. if any fine has been paid, it shall be returned.
Judgment:
ORDER

11. Following the judgment of the majority, the appeal is allowed, the order of the High Court convicting the appellant is set aside and '' the appellant is acquitted of the offence with which he was charged. The bail bond is discharged. If any fine has been paid, it shall be returned.


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