Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Essential Commodities Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Essential Commodities Act, 1955s.6-A(1), Second proviso - Confiscation of essential commodity - Offending vehicle seized - Release of vehicle - Fine - Held: Measure of fine in lieu of confiscation would be relatable to market price of vehicle and not of seized essential commodity - Matter remitted to High Court for decision afresh. In a case of contravention of clause 8 of Orissa Kerosene Control Order, 1962 read with Kerosene Control (Registration on Use and Fixation of Ceiling Price) Order, 1993, 42 liters of Kerosene and the vehicle (a bus) were seized. The Collector directed confiscation of the vehicle in terms of s.6-A of the Essential Commodities Act, 1955. However, in view of the second proviso to s.6-A(1) of the Act, the Collector directed the owner of the vehicle to pay a fine of Rs.20,000/-. The plea of the owner of the vehicle that in view of the second proviso to s.6-A(1) of the Act, the fine imposed in lieu of confiscation could not exceed the market price of the essential commodity seized, found favour with the High Court.In the appeal filed on behalf of the State, it was -~ contended for the appellants that the High Court erred in not keeping in view the true scope and ambit of the second proviso to s.6-A(1) of the Act. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 114 |
Petitioner | Collector Of Ganjam And Anr. |
Respondent | Ramesh Chander Padhi |
SCR | [2009] 1 S.C.R. 957 |
Judgement Date | 2009-02-06 |
Case Number | 755 |
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