Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Essential Supplies (Temporary Powers) Act (XXlV- of 1946) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Essential Supplies Act (24 of 1946) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Essential Supplies (Temporary Powers) Act (XXlV- of 1946), s. 3-Power to "provide for regulating or prohibiting production, supply and distribution" of goods-Whether includes power to issue directions and order to particular persons to do specific acts-Order to search and seize goods held by particular company -Validity-Scope -of sub-ss. (1) & (2) of s. 3--Generality of powers conferred- by sub-s. (!)-Obstruction to officers carrying out. order for seizure-Conviction under s. 186, l.P.C.-Legality-lndian Penal Code, 1860, s. 186-Offence under, essentials of.Section 3 of the Essential Supplies (Temporary Powers) Act, 1946, provided as follows : ( 1) The Central Government, so far as it appears to it to be necessary or expedient for maintaining or increasing supplies of an essential commodity, or for securing their equitable distribution and availability at fair , prices, may be notified order, provide for regulating or prohibiting the production, supply and distribution thereof, and trade and commerce therein.(2) Without prejudice to the generality of the powers conferred by sub-s. ( 1) an order made thereunder may provide ..... . (j) for any incidental and supplementary matters, including in particular the . entering, and search of premises, vehicles, vessels and aircraft, the seizure by a person authorised to make such search of any articles in respect of which such person has reason to believe that a contravention has been, is .being, or is about to be committed ...... " In exercise of the powers conferred on the Central Government by cl. (j) of sub-s. (2) of s. (3) of the above said Act, which had been delegated to the Provincial Government in relation to foodstuff!, the Governor of Bihar made an order authorising the District Magistrate, Patna, and the Special Officer in charge of rationing, Patna, to search the stock of sugar held by a company of which the appellant was the General Manager and directing the seizure of 5,000 maunds of sugar held in stock by the said company, on the ground that the company was about to commit a contravention of an order of the Chief Controller of Prices and Supplies made under the Sugar and Sugar Products Control Order, 1947. The appellant obstructed the officers who went to search and seize the goods and was convicted under s. 186, Indian Penal Code. |
Judge | Honble Mr. Justice Patanjali Sastri |
Neutral Citation | 1951 INSC 16 |
Petitioner | Santosh Kumar Jain |
Respondent | The State |
SCR | [1951] 1 S.C.R. 303 |
Judgement Date | 1951-03-05 |
Case Number | 3 |
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