Essential Commodities Act, 1955, Section 3 -- Award of retail outlet dealership - Eligibility criteria - As per advertisement the applicant is required to be resident of advertised location - Stay of applicant at Gaya being only for the purposes of his service - Held, he cannot be legally assumed to be an ordinary resident of Gaya because except for his service he would..........
National Security Act, 1980, Section 3(2) -- Preventive detention - Petitioners were producing synthetic ghee which activity was danger to health of general public - Preventive detention order issued against petitioner - Writ challenging detention order at pre-execution stage - Held, Court has very limited scope in regard to Judicial scrutiny of detention order at..........
Essential commodities Act, 1955, Section 7 -- 275 bags of wheat and 8 bags of rice recovered from house and godown of petitioner - Informant, Block Supply Officer suspected that said food articles belonged to Food Corporation of India - Proceedings initiated u/s 7 of the Act - Petition for quashing proceedings - No specific allegation of violation of any control order or..........
Criminal Procedure Code, 1973, Section 302 -- Offence - Second trial - Police split FIR - All accused tried under Essential Commodities Act, 1955 - Different prosecution launched under Indian Penal Code against same accused - Evidence led in both cases exactly same - Accused acquitted of offence under Essential Commodities Act - Incident, facts and basis identical -..........
Essential Commodities Act, 1955, Section 6A, 6E, Criminal Procedure Code, 1973, Section 397 -- Release of vehicle - Revision - Application for release of vehicle rejected by Distt. Collector on ground that investigation is going on - Revision before Sessions Judge - Maintainability of - Held, Session Judge wrongly entertained revision petition u/s 397 Cr.P.C. - As per..........
Essential Commodities Act, 1955, Section 7 -- Punjab Light Diesel Oil and Kerosene Dealers Licensing Order, 1978, Criminal Procedure Code, 1973, S.193 - Recovery of four thousand liters of black oil and two thousand liters of spurious light diesel oil from tanker of which accused were driver and conductor - Challan against accused presented straightaway in the Court of..........
Essential Commodities Act, 1955, Section 7 -- Kerosene (Restriction of use and Fixation of Ceiling price) Order, 1993, Clauses 3(2),4(1)(c),9 - Search and Seizure of kerosene oil by Police - Illegal - Only officer of Food and Supply Department have authority...........
Essential Commodities Act, 1955, Section 7 -- Kerosene (Restriction of use and Fixation of Ceiling price) Order, 1993, Clauses 3(2),4(1)(c),9 - Search and seizure - In order to invoke penal provision, prosecution required to prove all essential ingredients of clauses 3(2) & 4(1)(c) of relevant Order and to observe strict compliance of provisions of clause 9 with regard to..........
Essential Commodities Act, 1955, Section 7 -- Kerosene (Restriction of use and Fixation of Ceiling price) Order, 1993, Clauses 3(2),4(1)(c),9 - Search and seizure of kerosene oil by Police - Propriety - Neither all essential ingredients of clauses 3(2) & 4(1)(c) of relevant Order complete nor Police authorized and competent to search and seize case property - Nor joined..........
Essential Commodities Act, 1955, Section 7, Criminal Procedure Code, 1973, Section 360, 361, Probation of Offenders Act, 1958, Section 4 -- Accused convicted and sentenced u/s 7 of Essential Commodities Act on the allegations of storing kerosene oil, diesel and petrol licence - Incident 20 years old - Accused already undergone one months imprisonment - Accused granted..........
