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may 2007

Supreme Court of India · 2007-05-02

Kailash Prasad Yadav & Anr vs State Of Jharkhand & Anr

Citation / case number
AIR 2007 SUPREME COURT 2626
Court
Supreme Court of India
Petitioner
Kailash Prasad Yadav & Anr
Respondent
State Of Jharkhand & Anr
Author
S.B. Sinha
Bench
S.B. Sinha, Markandey Katju

Judgment text excerpt

The Supreme Court held that confiscation of goods under the Essential Commodities Act, 1955, specifically under Section 6-A(1)(c), requires a violation of an order made under Section 3 of the Act. The Court found that the 2001 Order concerning the Public Distribution System does not regulate the trading or transportation of wheat, thus the confiscation of the truck was not justified. The Court overturned the lower court's decision, ruling in favor of the appellants and restoring their ownership of the truck.

Kailash Prasad Yadav & Anr vs State Of Jharkhand & Anr · Niyam