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

1966 Supreme(Ker) 128

M.MADHAVAN NAIR
CHANDRASEKHARAN – Appellant
Versus
STATE – Respondent


Judgment :-

1. This petition is for revision of conviction and sentence imposed by the District Magistrate, Kozhikode, on the petitioner who was the 2nd accused in a case under S.7 of the Essential Commodities Act, 1955. The act alleged against the two accused in the case is that at 10 a. m. on September 10, 1964, they sold to P. W. 3, four litres of Andhra Coarse Rice at 68p. per litre, while the maximum price fixed by law for the commodity was only 60p. per litre. The 1st accused is the salesman who measured the rice to P. W. 3; and the 2nd accused is the accountant of the shop who made the bill therefor. The 1st accused has been acquitted by the District Magistrate; and the 2nd accused has been convicted and sentenced to fine of Rs. 500/- with simple Imprisonment for four months in default. Hence this motion for revision by the 2nd accused,

2. Counsel for the petitioner points out that no notification fixing the maximum price for the commodity is in proof in this case. True it is that black-marketing is a highly anti-social conduct that deserves severe punishment by Courts; but that is no reason to overlook the standard of proof in criminal trials. In Salekh Chand v. The State of







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