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february 1965

Supreme Court of India · 1965-02-24

STATE OF UTTAR PRADESH vs RAMAGYA SHARMA VAIDYA

Citation / case number
SC 1963/260
Court
Supreme Court of India
Petitioner
STATE OF UTTAR PRADESH
Respondent
RAMAGYA SHARMA VAIDYA
Bench
SIKRI, S.M.

Judgment text excerpt

The Supreme Court ruled that the respondent could not be held guilty of contravening Clause 7 of the Iron and Steel (Control) Order, 1956, as mere non-use of iron goods purchased under a permit does not constitute a punishable offense. The Court clarified that the term 'use' implies a positive action and does not encompass mere retention for future use. Furthermore, while the High Court erred in stating that the application for the permit could not be referenced to ascertain its purpose, the evidence did not conclusively show that the iron was intended for use in a specific location, thus upholding the acquittal.

STATE OF UTTAR PRADESH vs RAMAGYA SHARMA VAIDYA · Niyam