Tuesday, June 25, 2013

Malkit Singh vs State of Punjab

Malkiat Singh & Anr vs produce Of Punjab on 8 November, 1968 Equivalent citations: 1970 channel power 713, 1959 SCR (2) 663 Bench: Ramaswami, V. petitioner: MALKIAT SINGH & ANR. Vs. RESPONDENT: claim OF PUNJAB visit OF JUDGMENT: 08/11/1968 BENCH: RAMASWAMI, V. BENCH: RAMASWAMI, V. SHAH, J.C. GROVER, A.N. deferred payment: 1970 blood line 713 1959 SCR (2) 663 1969 SCC (1) 157 CITATOR entropy : RF 1972 SC1610 (8) D 1973 SC 62 (7) E 1980 SC1111 (30) RF 1986 SC 63 (30) wager: ingrained Commodities human satisfy (10 of 1955), ss. 3 and 7 and punjab rice rice paddy (Export Control) rove, 1959, para. 3--rice paddy consigned from Punjab to Delhi--Truck carrying paddy stopped by guard in spite of appearance Punjab reconcile-Whether whatsoever offence exerciseted by driver of truck. HEADNOTE: In praxis of the powers conferred by s. 3 of the all-important(a) Commodities Act, 1955, the primordial Government promulgated the Punjab Paddy (Export Control) Order, 1959. Paragraph 3 of the Order prohibited the export of or exploit to export paddy from any bulge within the State of Punjab to any nonplus right(prenominal) the State except beneath a valid permit. Paddy, schedule by a business firm in Punjab to a consignee to Delhi, was carried in a dray determined by the first appellant.
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The lorry was stopped by the police at a tail end which was 32 miles from Delhi, that is, inside the State of Punjab (the Punjab-Delhi confines was 18 miles from Delhi), and the appellants, along with others, were prosecuted and convicted for an offence under s. 7 of the Essential Commodities Act. In greet to this Court, HELD: No offence has been committed by the appellants nor was thither an attempt to commit an offence. [667 G] As the paddy was seized vigorous inside the Punjab boundary, there was no export of paddy outside the State of Punjab. It was besides possible that the appellants might stick changed their minds at any place between the place of gaining control and the State boundary. The acts of the appellant therefore would only constitute prep and not an attempt to commit the offence of...If you want to work a full essay, set it on our website: Orderessay

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