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Dinesh S/O Bhawarlal Sarda Vs. State of Maharashtra Through Ministry f ...

Court : Mumbai

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3, 7, 10A and 10AA; Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 1998 - Sections 2; Prevention of Corruption Act, 1947 - Sections 5, 5A and 5A(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 4(2), 41, 102, 154, 154(1), 155, 155(2), 156, 156(1), 157(1), 170 to 173, 173(8), 190, 190(1), 193, 195 to 199, 465 and 482; Indian Penal Code (IPC) - Sections 161, 165 and 165A; Constitution of India - Articles 226 and 227

Reported in : (2008)110BOMLR3188; 2009CriLJ1007

of general public to ensure fair, unadulterated supply and distribution of essential commodities. It is pertinent to quote Section 10A of the Essential Commodities Act 1955, which reads as under:Notwithstanding anything contained in the Code of Criminal Procedure … with three other accused, were charge-sheeted for offences punishable under Section 7 read with Section 3 of the Essential Commodities Act, 1955 (for short 'E.C. Act, 1955') read further with Section 2 of the Motor Spirit and High Speed Diesel

Malepati Narayana and anr. Vs. Station House Officer, Badvel

Court : Andhra Pradesh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 4(1), 5(2), 173 156 and 156(1); Essential Commodities Act, 1955 - Sections 7(1); Essential Commodities (Amendment) Act, 1967 - Sections 7(1) and 10A; Andhra Pradesh Kerosene (Licensing and Distribution) Orders, 1965; Andhra Pradesh Kerosene (Fixation of Ceiling Price) Order, 1966 - Sections 3; ;Indian Penal Code (IPC), 1860

Reported in : AIR1971AP29; 1971CriLJ32

whether this contention can be upheld? At the outset we have to notice that offences punishable under the Essential Commodities Act 1955 are made cognizable by section 10A of the Act, which was introduced by the amending Act 36 of

Laxmikant Shankarlal Sarda Vs. State of Maharashtra and anr.

Court : Mumbai

Subject : Criminal

Acts : Maharastra Kerosene Dealsers Licensing Order, 1966; Kerosene (Restriction on Use and Fixation of Ceiling Price) Order, 1993; Code of Criminal Procedure (CrPC) , 1974 - Sections 41(2), 10A, 110 and 438; Essential Commoditeis Act, 1955 - Sections 3, 7, 10AA and 14; Bombay Police Act - Sections 5

Reported in : 2002BomCR(Cri)170; 2002CriLJ1040; 2002(2)MhLj471

The applicant apprehending arrest in connection with the offences under, Section 3 read with Section 7 of the Essential Commodities Act, 1955, sought anticipatory bail which was rejected by the learned Additional Sessions Judge, Nagpur, vide order dated 30th July, … to one or more of the categories of the persons specified in Section 109 or Section 110. However, Section 10A empowers an officer of the rank of the officer in charge of the police station or any police

Satya NaraIn Musadi and ors. Vs. State of Bihar

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 21 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 7, 11, 156(1), 161, 170, 173, 173(2), 173(2)(1), 173(3), 173(5), 179(2), 190, 190(1), 251A, 252 and 482; Essential Commodities Act, 1955 - Sections 10A and 11

Reported in : AIR1980SC506; 1980CriLJ227; (1980)3SCC152

420 of Indian Penal Code, 1860, Sections 156, 161, and 482 of Criminal Procedure Code, 1973 and Sections 10A and 11 of Essential Commodities Act, 1955 - whether in view of Section 11 of Act of 1955 … D.A. Desai, J.1. Whether in view of the provision contained in Section 11 of the Essential Commodities Act, 1955, (Act for short), a Court taking cognizance of any offence punishable there under, upon a police report is

Rajiv Enterprises Vs. State of Punjab and anr.

Court : Punjab and Haryana

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3, 3(1), 6, 6A, 6A(2), 6B, 7 and 10A; ;Consumer Protection Act, 1986; ;Code of Criminal Procedure (CrPC) , 1989 - Sections 102 and 103; ;Essential Commodities Act, 1995 - Sections 3(2) and 4

vide two separate orders dated 06.10.2009 while exercising the powers conferred upon him under Section 6A of the Essential Commodities Act, 1955, ordered the confiscation of 6311 quintals and 3650 quintals of sugar and for sale of the same through … the official of the respondents duly authorised by the District Controller and approved by District Magistrate.21. As per Section 10A of the 1955 Act, the offence is cognisable and is punishable under Section 7 of the Act. Section

State of Maharashtra and ors. Vs. Lalit Somdatta Nagpal and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Maharashtra Control of Organized Crime Act, 1999 - Sections 1, 2, 2(1), 3, 3(1), 3(2), 3(4), 7, 10A, 21, 21(3), 21(4), 23, 23(1) and 23(2); Essential Commodities Act, 1955 - Sections 3 and 7, 7(1), 7A(1)(9), 9, 10 and 10A; Petroleum Storage and Distribution Act, 2000 - Sections 3; Essential Commodities (Special Provisions) Act, 1981 - Sections 7, 12A, 12AA and 12AA(1); General Clauses Act, 1897 - Sections 6; Arms Act; Sales Tax Act - Sections 63; Code of Criminal Procedure (CrPC) - Sections 167(5), 262 to 265, 438 and 468; Indian Penal Code (IPC) - Sections 34, 120B, 364, 302, 420 and 506(2); Code of Civil Procedure (CPC) - Sections 82

Reported in : 2007CriLJ1678; JT2007(3)SC466; 2007(3)SCALE49; (2007)4SCC171

Act, 1999 in respect of offences alleged to have been committed under Sections 3 and 7 of the Essential Commodities Act, 1955. In order to answer the above question, it is necessary to briefly set out the facts involved in … a sentence of imprisonment for a term of less than three months;] 15. Mr. Lalit submitted that under Section 10A of the above Act every offence punishable under the Essential Commodities Act would be cognizable. Mr. Lalit urged

Tilak Manjhi and ors. Vs. State of Bihar and anr.

Court : Patna

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 7 and 10A; Indian Penal Code (IPC), 1860 - Sections 34, 302 and 409; Code of Criminal Procedure (CrPC) - 167(2), 439 and 439(2); Arms Act - Sections 27

of bail of opposite party No. 2.I, therefore, find no merit in this application which is, accordingly dismissed. Essential Commodities Act, 1955, Sections 7 and 10-A - Penal Code, 1860, Section 409/34--Criminal Procedure Code, 1973, Section 439, Chapter XXIII--Application for … bailable is not correct because all offences under Section 7 of EC Act are non-bailable as enumerated under Section 10A of EC Act, 1955 and finding of the Court below is not in consonance with the provisions of

Balwant Vs. State of M.P.

Court : Madhya Pradesh

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3, 7 and 7(1); Essential Commodities (Amendment) Act, 1967 - Sections 10-A; Essential Commodities (Special Provisions) (Amendment) Act, 1981; Essential Commodities (Amendment) Ordinance, 1998; Kerosene (Restriction on Use and Fixation of Ceiling Price) Order, 1993; Code of Criminal Procedure (CrPC) , 1974 - Sections 438; Code of Criminal Procedure (CrPC) , 1973 - Sections 438

Reported in : 2002CriLJ335; 2001(3)MPHT375; 2001(3)MPLJ414

No. 23/2001 of Police Station Multai, District Betul.2. The case has been registered under Section 7 of the Essential Commodities Act, 1955 (hereinafter to be referred to as 'the Act') for contravention of Clause 4 (c) of the Kerosene (Restriction … Before considering the cases referred to above in default, it is necessary to look at the statutory provisions. Section 10A of the Act inserted by the Amending Act (No. 36 of 1967) provided that every offence punishable under

Chandrakant Pinayamal Motwani Vs. State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Liquefied Petroleum Gas Regulation of Supply and Distribution Order, 1988 - Orders 4, 6(3), 7 and 7(2); Essential Commodities Act, 1955 - Sections 3, 7, 7(1), 7(3), 10A, 11 and 36; Probation of Offenders Act, 1958 - Sections 4(1), 4(3), 4(4) and 4(5); ;Code of Criminal Procedure (CrPC) , 1973 - Sections 100, 102, 102(1), 102(2), 360 and 361; ;Old Code - Sections 550; Defence of India Rules, 1939; ;Mysore Excise Act, 1966 - Sections 53 and 54; Essential Supplies (Temporary Powers) Act, 1946

Reported in : 2000CriLJ1935

the case of K.L. Subhayya v. State of Karnataka reported in : 1979CriLJ651 .8. Section 10-A of the Essential Commodities Act, 1955 was introduced by Amending Act 36 of 1967 and was made applicable from 30th Dec, 1967 whereby the … weeks to surrender to his bail. [A] Essential Commodities Act, 1955 - Section 3 r/w Sections 7 and 10A and Order 6(3) and (4) of the Order 1988 - Cognizable offence - Police Officer empowered to take

Amar Nath Sahu Vs. State of Chhattisgarh

Court : Chhattisgarh

Subject : Criminal

Reported in : 2007CriLJ3014; 2007(2)MPHT88(CG)

Act is bailable or non-bailable. By the Essential Commodities (Special Provisions) Act, 1981, Section 10A of the original Act 1955, was amended and after the word 'cognizable' the words 'and non-bailable' were introduced. The said Act of 1981 … No. 330/2006, registered at Police Station Kota, Distt. Bilaspur, for the offence punishable under Section 3/7 of the Essential Commodities Act.2. The brief facts are that this applicant is an authorized transporter for transporting food-grains from the godown of