MALKIAT SINGH & ANR. versus STATE OF PUNJAB

MALKIAT SINGH & ANR. versus STATE OF PUNJAB

There was no export or attempt to export paddy outside Punjab since the truck was seized well within Punjab; the acts of the appellants only constituted preparation, not attempt. Since mere preparation is not punishable under s. 7 of the Essential Commodities Act, their conviction and the sanctions imposed could not be sustained.

Parties
Appellant: Malkiat Singh; Appellant: Babu Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
08 November 1968
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave From a High Court Revision Dismissal
Outcome
Appeal allowed. Convictions and sentences set aside. Fines, if any, to be refunded.
Legal Topics
Essential Commodities Act, Export Control, Attempt Vs Preparation, Contravention of Government Orders, Forfeiture of Property
Criminal Law Administrative Law Essential Commodities Act Export Control Attempt Vs Preparation Contravention of Government Orders Forfeiture of Property

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Parties

Malkiat Singh

Appellant

Babu Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave From a High Court Revision Dismissal

Legal Issues

  1. 1 Whether carrying paddy inside Punjab for transport to Delhi constitutes attempted export under the Punjab Paddy (Export Control) Order, 1959 and is punishable under sections 3 and 7 of the Essential Commodities Act, 1955.

Ratio Decidendi

There was no export or attempt to export paddy outside Punjab since the truck was seized well within Punjab; the acts of the appellants only constituted preparation, not attempt. Since mere preparation is not punishable under s. 7 of the Essential Commodities Act, their conviction and the sanctions imposed could not be sustained.

Court Disposition

Appeal allowed. Convictions and sentences set aside. Fines, if any, to be refunded.

Orders

  • Conviction of appellants (Malkiat Singh, Babu Singh, Qimat Rai) under s. 7 of Essential Commodities Act and sentences of fine set aside.
  • Order of forfeiture of 75 bags of paddy and truck no. P.N.U. 967 set aside.