Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Essential Commodities Act 1955 Section 3(a)(vii) Gujarat Essential Articles Dealer (Regulation) Order 1971 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Essential Commodities Act, 1955 (10 of 1955) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Essential Commodities Act, 1955 (Act 10 of 1955) Section 3(a)(vii) and the Gujarat Essential Articles Dealer (Regulation) Order 1971-Schedule I, Item. 13- Term "Paper"-Whether includes "exercise-books''. Interpretation of Statutes - Rule of strict construction or narrow construction in favour of the subject, to be applied only when there is some equivocation or ambiguity about a word or provision. The term "paper" is described as "paper", including newsprint, paper-board and strawboard" in s. 2(a) (vii) of the Essential Commodities Act, 1955 as well as in Item 13 in Schedule I to the Gujarat Essential Articles Dealers (Regulation) Order 1971. By a notification dated July 10, 1975, the Schedule I of the Regulation Order was recast and more items were added. Item No. 13 of the Regulation Order after it was recast by the amendment of 1975 and renumbered as S. No. 14 read as follows :- "14. Paper including newsprint, paper, strawboard and exercise note-books." The appellant is a firm dealing in books and stationery articles. On a surprise inspection and search of the appellant's shop it was found that in regard to exercise books the appellant committed breach of the Regulation Order, in that he did not display the stock thereof that he did not write the names of customers on the bills issued to them and that he did not maintain the stock registers properly and thereof a sizable quantity of exercise books were seized. The Collector found that the appellant was guilty of breach of the Regulation Order and directed that the seized stocks of exercise books be confiscated under s. 6A of the Act. In appeal, the Sessions Judge set aside the Collector's order on the ground that exercise books did not fall within the item "paper" as envisaged in the Act and the Regulation Order. In proceedings under Art. 227, the High Court took the view that the term "paper" was wide enough to cover exercise books, which was nothing but a collection of papers, stitched together by a piece of string or pinned with pins of stappler, and quashed the order of the Sessions Judge. |
Judge | Hon'ble Mr. Justice V.D. Tulzapurkar |
Neutral Citation | 1978 INSC 214 |
Petitioner | Maharaja Book Depot |
Respondent | State Of Gujarat |
SCR | [1979] 2 S.C.R. 138 |
Judgement Date | 1978-10-24 |
Case Number | 227 |
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