SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2000 Supreme(Cal) 39

PRADYOT KUMAR SEN
Anjan Nandi – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
Mr. Debabrata Banerjee & Sandip Ganguly for the Petitioner.
Mr. Tapas Midya for the State.

JUDGMENT

1. This application under Section 482 of the Cr. P.C. is at the instance of the accused and is for quashing of the proceeding which was started against him under Section 7(i) (a) (ii) of the Essential Commodities Act.

2. Upon information and on raiding it was found that this petitioner did not display the stocks and price of Cement and as such F.I.R. was lodged alleging offence' that he did not display the stock board and as such there was violation of Section 3 of the Essential Commodities Act which was punishable under Section 7(i) (a) (ii) of the Essential Commodities Act. Now the learned Advocate for the petitioner submits that Cement Control Act has since been rescinded and the same cannot be enforced under the Essential Commodities Act and so there was no necessity to keep the stock position displayed in the stock board and according to the learned Advocate there was no violation of Paragraph 3(2) of the West Bengal Declaration of Stock and Price of Essential Commodities Act, 1977. To constitute offence under this order there must be allegation that the person did not display the stock in the stock board and the item must be essential commodities. But, here I find tha








Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top