Supreme Court of India · 2007-05-02
KAILASH PRASAD YADAV vs STATE OF JHARKHAND
- Citation / case number
- SC 2006/17846
- Court
- Supreme Court of India
- Petitioner
- KAILASH PRASAD YADAV
- Respondent
- STATE OF JHARKHAND
- Bench
- S.B. SINHA & MARKANDEY KATJU
Judgment text excerpt
The Supreme Court held that confiscation of goods under the Essential Commodities Act, 1955 requires a violation of an order made under Section 3 of the Act. The Court found that the 2001 Order did 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 rights over the truck.