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february 2009

Supreme Court of India · 2009-02-06

COLLECTOR OF GANJAM vs RAMESH CHANDER PANDHI

Citation / case number
SC 2007/2989
Court
Supreme Court of India
Petitioner
COLLECTOR OF GANJAM
Respondent
RAMESH CHANDER PANDHI
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,ASOK KUMAR GANGULY, , ,

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 must not exceed the market price of the essential commodity seized, rather than the market value of the vehicle used for transport. The Court held that the Collector's decision to impose a fine of Rs. 20,000 was improper as it did not adhere to this statutory limit. Consequently, the appeal was allowed, and the order of the Orissa High Court was upheld, directing the Collector to act in accordance with the provisions of the Act.

COLLECTOR OF GANJAM vs RAMESH CHANDER PANDHI · Niyam