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2002 Supreme(SC) 606

BRIJESH KUMAR, R.C.LAHOTI
Nagrik Upbhokta M. Manch: Sharat Chandra Tiwari – Appellant
Versus
Union Of India: State Of M. P. – Respondent


JUDGMENT

R.C. Lahoti. J.-Challenge in the two writ petitions, to fixation of price of kerosene, a controlled commodity, wherein the Director of Food and Civil Supplies of the State of Madhya Pradesh and the Collectors of districts have included an amount by way of rounding off charges, has been turned down by the High Court of M.P. The aggrieved petitioners have filed these petitions for leave to appeal.

2. Leave granted.

3. Admittedly, kerosene is a controlled commodity to which the Essential Commodities Act 1955 (hereinafter the Act , for short) applies. Under sub-section (1) of Section 3, if the Central Government is of the opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodities or for securing their equitable distribution and availability at fair prices, it may by order provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein. Without prejudice to the generality of such power, under clause (c) of sub-section (2), the Central Government may by an order provide for controlling the price at which essential commodity may be bought or sold. Under Section 5, the C

























































































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