STATE OF GUJARAT & ANR. versus ACHARYA D. PANDEY & ORS.

STATE OF GUJARAT & ANR. versus ACHARYA D. PANDEY & ORS.

Section 35(1) of the Bombay Public Trust Act, 1950 constitutes an offence of absolute liability where the requirement of mens rea need not be read into the provision. Contravention is regulatory and punishable only with fine; conviction does not carry stigma. There is no evidence against the respondents, and the...

Source-derived case information.

Parties
Appellant: State of Gujarat; Respondent: Acharya D. Pandey; Appellant: Charity Commissioner, State of Gujarat; Respondent: Mahan! (10th accused); Respondent: Associated Trustees (accused 2-10)
Jurisdiction
India
Judgment Date
12 October 1970
Procedural Posture
Criminal Appeal / Appeal From Acquittal in Gujarat High Court, by Special Leave
Outcome
appeal dismissed
Legal Topics
Mens Rea, Absolute Liability, Regulatory Offences, Trustees' Duties Under Bombay Public Trust Act
Criminal Law Trusts and Charities Mens Rea Absolute Liability Regulatory Offences Trustees' Duties Under Bombay Public Trust Act

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Summary, issues, holding and outcome

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Parties

State of Gujarat

Appellant

Acharya D. Pandey

Respondent

Charity Commissioner, State of Gujarat

Appellant

Mahan! (10th accused)

Respondent

Associated Trustees (accused 2-10)

Respondent

Procedural Posture

Criminal Appeal / Appeal From Acquittal in Gujarat High Court, by Special Leave

Legal Issues

  1. 1 Is mens rea a necessary ingredient for offences under s. 35(1) and 66 of the Bombay Public Trust Act, 1950?
  2. 2 Whether accused 2-10 were trustees at the relevant time and had guilty knowledge of the withdrawals

Ratio Decidendi

Section 35(1) of the Bombay Public Trust Act, 1950 constitutes an offence of absolute liability where the requirement of mens rea need not be read into the provision. Contravention is regulatory and punishable only with fine; conviction does not carry stigma. There is no evidence against the respondents, and the appeals fail.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.