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july 1990

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.

STATE OF MADHYA PRADESH AND ORS. vs RAMESHWAR RATHOD · Niyam