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august 1972

Supreme Court of India · 1972-08-08

PUBLIC PROSECUTOR, MADRAS vs R. RAJU & ANR. ETC.

Citation / case number
SC 1969/60297
Court
Supreme Court of India
Petitioner
PUBLIC PROSECUTOR, MADRAS
Respondent
R. RAJU & ANR. ETC.
Bench
RAY, A.N.

Judgment text excerpt

The Supreme Court interpreted Section 40(2) of the Central Excises and Salt Act, 1944, which bars suits and prosecutions after six months from the cause of action. The Court held that this provision applies broadly and is not limited to government servants, rejecting the argument that it only protects acts done in good faith. The Court clarified that 'anything done or ordered to be done' includes acts in violation of the Act, thus upholding the High Court's decision that the prosecutions were barred by limitation.

PUBLIC PROSECUTOR, MADRAS vs R. RAJU & ANR. ETC. · Niyam