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february 2009

Supreme Court of India · 2009-02-06

Collector Of Ganjam & Anr vs Ramesh Chander Pandhi

Citation / case number
AIR 2009 SUPREME COURT 1850
Court
Supreme Court of India
Petitioner
Collector Of Ganjam & Anr
Respondent
Ramesh Chander Pandhi
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court addressed the interpretation of the second proviso to Section 6-A(1) of the Essential Commodities Act, 1955, clarifying that the fine imposed in lieu of confiscation should be based on the market price of the essential commodity seized, not the market value of the vehicle used for its transport. The Court held that the Collector's imposition of a fine of Rs. 20,000 was improper as it did not adhere to this principle, thus upholding the High Court's decision to set aside the fine. The judgment reinforces the procedural requirements under the Essential Commodities Act regarding confiscation and fines.

Collector Of Ganjam & Anr vs Ramesh Chander Pandhi · Niyam