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may 1981

Supreme Court of India · 1981-05-07

STATE OF KARNATAKA vs KRISHNA BHIMA WALVAKAR & ANR.

Citation / case number
SC 1980/63313
Court
Supreme Court of India
Petitioner
STATE OF KARNATAKA
Respondent
KRISHNA BHIMA WALVAKAR & ANR.
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court held that the Deputy Commissioner has the authority under Section 6A of the Essential Commodities Act to confiscate an entire consignment if there is a contravention of the control order, emphasizing that the use of 'may' does not limit this power. The Court found that the respondent's failure to file the required declaration in Form II before dispatch constituted a violation of mandatory provisions, justifying the confiscation. Additionally, the Court ruled that the respondent's claim of impossibility due to the dispatch date being a Sunday was unfounded, as compliance could have been achieved earlier.

STATE OF KARNATAKA vs KRISHNA BHIMA WALVAKAR & ANR. · Niyam