Supreme Court of India · 1990-07-10
STATE OF MADHYA PRADESH AND ORS. vs RAMESHWAR RATHOD
- Citation / case number
- SC 1978/90308
- Court
- Supreme Court of India
- Petitioner
- STATE OF MADHYA PRADESH AND ORS.
- Respondent
- RAMESHWAR RATHOD
- Author
- SABYASACHI () MUKHARJI
- Bench
- SABYASACHI (CJ) MUKHARJI
Judgment text excerpt
The Supreme Court upheld the High Court's decision that Section 6A of the Essential Commodities Act, 1955, as amended by the Essential Commodities (Amendment) Act, 1974, is prospective and not retrospective. The Court affirmed that the Criminal Court has jurisdiction to entertain applications under Sections 516A and 523 of the Code of Criminal Procedure for the return of a vehicle seized by police pending the final decision of a criminal case. The Court concluded that the provisions applicable at the time of the alleged contravention were those of the original Act, as the amendment was not in force at that time.