Supreme Court of India · 2004-09-13
Prakash Babu Raghuvanshi vs State Of Madhya Pradesh
- Citation / case number
- 2004 AIR SCW 5334
- Court
- Supreme Court of India
- Petitioner
- Prakash Babu Raghuvanshi
- Respondent
- State Of Madhya Pradesh
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, C.K. Thakker
Judgment text excerpt
The Supreme Court held that for a conviction under Section 7 of the Essential Commodities Act, 1955, it is essential to demonstrate a violation of a specific order made under Section 3 of the Act. The Court noted that the prosecution failed to present the requisite order before the Trial Court or the High Court, which is a fundamental requirement for establishing the alleged contravention. Consequently, the Court remitted the matter to the High Court for fresh adjudication, allowing both parties to present their materials regarding the alleged violation.