THAKUR DAS (DEAD) BY L. RS versus STATE OF MADHYA PRADESH

THAKUR DAS (DEAD) BY L. RS versus STATE OF MADHYA PRADESH

The Sessions Judge appointed as appellate authority under section 6C is an inferior criminal court subordinate to the High Court; therefore, revisional jurisdiction under sections 435 and 439 of the Code of Criminal Procedure, 1898 is available. However, the High Court was not justified in interfering with the...

Source-derived case information.

Parties
Appellant: Thakur Das (Dead) by L. Rs; Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
14 October 1977
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Decision of High Court, Madhya Pradesh, in Criminal Revision No. 90/73
Outcome
Appeal allowed
Legal Topics
Essential Commodities Act, Confiscation, Appellate Authority, Revisional Jurisdiction
Criminal Law Administrative Law Essential Commodities Act Confiscation Appellate Authority Revisional Jurisdiction

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Parties

Thakur Das (Dead) by L. Rs

Appellant

State of Madhya Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Decision of High Court, Madhya Pradesh, in Criminal Revision No. 90/73

Legal Issues

  1. 1 Whether the Sessions Judge appointed as appellate authority under section 6C of the Essential Commodities Act is an inferior criminal court subordinate to the High Court and therefore amenable to its revisional jurisdiction under sections 435 and 439 of the Code of Criminal Procedure, 1898
  2. 2 Whether the High Court, in exercise of its revisional jurisdiction, was justified in interfering with the order of the appellate authority merely because it was of the opinion that confiscation was justified

Ratio Decidendi

The Sessions Judge appointed as appellate authority under section 6C is an inferior criminal court subordinate to the High Court; therefore, revisional jurisdiction under sections 435 and 439 of the Code of Criminal Procedure, 1898 is available. However, the High Court was not justified in interfering with the Sessions Judge's order setting aside confiscation, as no well-recognized ground for revisional intervention was established.

Court Disposition

Appeal allowed

Orders

  • The order of the High Court is set aside.
  • The order made by the Sessions Judge is restored.