STATE OF MAHARASHTRA versus JAYANTI LAL AND OTHERS

STATE OF MAHARASHTRA versus JAYANTI LAL AND OTHERS

The benefit of Section 22B presumption is confined to books of account and documents seized pursuant to a magisterial warrant authorising a police officer not below the rank of sub-inspector as prescribed in Section 22A(1) of the Forward Contracts (Regulation) Act. When investigation is carried out under the Criminal Procedure Code without following Section 22A, ordinary rules of evidence apply and Section 22B presumption is not available.

Parties
Appellant: State of Maharashtra; Respondents: Jayantilal and others
Jurisdiction
India
Judgment Date
17 January 1984
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave From Judgment of Bombay High Court (nagpur Bench)
Outcome
Appeal dismissed
Legal Topics
Forward Contracts (regulation) Act, Search and Seizure, Evidentiary Presumptions
Criminal Law Commodity Regulation Forward Contracts (regulation) Act Search and Seizure Evidentiary Presumptions

Case Brief

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Parties

State of Maharashtra

Appellant

Jayantilal and others

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave From Judgment of Bombay High Court (nagpur Bench)

Legal Issues

  1. 1 Whether Sections 22A and 22B of the Forward Contracts (Regulation) Act, 1952 exclude the application of Section 5(2) of the Criminal Procedure Code for offences under the Act
  2. 2 Whether the presumptions under Section 22B are available in respect of books of account and documents seized in investigations under the Code where action has not been taken under Section 22A

Ratio Decidendi

The benefit of Section 22B presumption is confined to books of account and documents seized pursuant to a magisterial warrant authorising a police officer not below the rank of sub-inspector as prescribed in Section 22A(1) of the Forward Contracts (Regulation) Act. When investigation is carried out under the Criminal Procedure Code without following Section 22A, ordinary rules of evidence apply and Section 22B presumption is not available.

Court Disposition

Appeal dismissed

Orders

  • Decision of Full Bench of Bombay High Court affirmed