Nathulal Vs. State of Madhya Pradesh - Court Judgment

Excerpt:
criminal - mens rea for offence under section 7 - section 7 of the essential commodities act, 1955 - appeal against conviction for offence under section 7 - appellant who was dealer in food grain was charged for offence under section 7 for having stocks of wheat for the purpose of sale without a license - appellant had applied for the license and stored grains on belief that it would be issued to him - whether under section 7 of the act a factual non-compliance of the order by a dealer will amount to an offence thereunder even if there was no mens rea on his part - a person commits an offence under section 7 of the act if he intentionally contravenes any order made under section 3 of the act - facts revealed that accused stored the goods under a bona fide impression that the licence in regard to which he had made an application was issued to him though not actually sent to him - held, conviction of appellant liable to be set aside - appeal allowed - section 100: [dalveer bhandari & harjit singh bedi, jj] second appeal jurisdiction is limited to substantial question of law. such question has to be formulated at the time of admission of appeal. decision rendered without formulating such question cannot be sustained. section 100: [dalveer bhandari & harjit singh bedi,jj] second appeal - concurrent finding of fact interference without formulating substantial question of law despite clear enunciation of law by supreme court held, it constitutes main reason for delay in administration of justice. order11. following the judgment of the majority, the appeal is allowed, the order of the high court convicting the appellant is set aside and '' the appellant is acquitted of the offence with which he was charged. the bail bond is discharged. if any fine has been paid, it shall be returned.

Judgment:
ORDER

11. Following the judgment of the majority, the appeal is allowed, the order of the High Court convicting the appellant is set aside and '' the appellant is acquitted of the offence with which he was charged. The bail bond is discharged. If any fine has been paid, it shall be returned.