Supreme Court of India · 1977-10-14
THAKUR DAS (DEAD) BY L. Rs vs STATE OF MADHYA PRADESH
- Citation / case number
- SC 1974/60499
- Court
- Supreme Court of India
- Petitioner
- THAKUR DAS (DEAD) BY L. Rs
- Respondent
- STATE OF MADHYA PRADESH
- Author
- D.A. DESAI
- Bench
- D.A. DESAI
Judgment text excerpt
The Supreme Court held that the Sessions Judge, appointed as an appellate authority under Section 6C of the Essential Commodities Act, 1955, is an inferior criminal court subordinate to the High Court, thus allowing for a revision application under Sections 435 and 439 of the CrPC. The Court clarified that the judicial authority must be a preexisting authority exercising judicial power, and the High Court was justified in restoring the Collector's order of confiscation. The appeal by the licensee was allowed, affirming the High Court's jurisdiction over the appellate authority's decisions.