Supreme Court of India · 1970-10-12
STATE OF GUJARAT & ANR. vs ACHARYA D. PANDEY & ORS.
- Citation / case number
- SC 1968/60192
- Court
- Supreme Court of India
- Petitioner
- STATE OF GUJARAT & ANR.
- Respondent
- ACHARYA D. PANDEY & ORS.
- Bench
- HEGDE, K.S.
Judgment text excerpt
The Supreme Court held that under Section 35(1) and Section 66 of the Bombay Public Trust Act, 1950, mens rea is not a necessary ingredient for establishing a quasi-criminal offence related to public trust funds. The Court clarified that the provision creates an absolute liability, meaning that the absence of mens rea does not absolve the accused from liability. The High Court's acquittal of the accused was overturned, affirming that the regulatory nature of the statute does not require proof of guilty knowledge for conviction.