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october 1954

Supreme Court of India · 1954-10-08

KUNJILAL AND ANOTHER vs THE STATE OF MADHYA PRADESH.

Citation / case number
SC 1953/1429
Court
Supreme Court of India
Petitioner
KUNJILAL AND ANOTHER
Respondent
THE STATE OF MADHYA PRADESH.
Bench
HASAN, GHULAM

Judgment text excerpt

The Supreme Court held that the appellants, convicted under Sections 392 and 332 IPC for exporting contraband goods, could not claim a bar to their trial based on a previous acquittal under Section 7 of the Essential Supplies (Temporary Powers) Act, 1946. The Court clarified that Section 403(1) of the Code of Criminal Procedure does not apply as the appellants were tried for distinct offences, thus allowing the prosecution to proceed. The convictions were upheld, with modifications to the sentences.

KUNJILAL AND ANOTHER vs THE STATE OF MADHYA PRADESH. · Niyam