State v. Ram Krishna Sharma
Case brief
What is this about?
Special Judge acquitted the respondent alleging violation of M.P. Civil Supply Scheme and Kerosene Control Order. The High Court upheld the acquittal, holding that the Scheme was executive in nature under Article 162 and its violation does not constitute an offence under the Essential Commodities Act, and found no perversity in the lower court's findings on kerosene distribution.
What did the court decide?
Impugned acquittal upheld and instant appeal dismissed.
What the court decided
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
ACQA No. 91 of 2009
State of Chhattisgarh, through the District
Magistrate Korea, Chhattisgarh.
---Appellant
Versus
Ram Krishna Sharma S/o Kamla Prasad Sharma, Aged
about 37 years, R/o Village Nagar, P.S.
Baikunthpur, District Korea, Chhattisgarh.
--- Respondent
For Appellant/State :-Mr. Jitendra Pali, Dy. A.G.
For Respondent:-Mr. D.N. Prajapati, Advocate
Hon'ble Shri Justice Sanjay K. Agrawal
Order on Board
Issues for consideration
3 issues framed by the court
Whether violation of the M.P. (Food Grains) Public Civil Supply Scheme, 1991 constitutes an offence under Section 3 and 7 of the Essential Commodities Act, 1955.
Whether the appellant is entitled to acquittal when the scheme in question is derived from executive powers under Article 162 of the Constitution.
Whether the acquittal of the respondent regarding the violation of the Kerosene Control Order, 1993, is sustainable in view of the findings of fact.
Parties & counsel
- appellant
State of Chhattisgarh
- respondent
Ram Krishna Sharma
Coram
Sanjay K. Agrawal
Case details
As recorded by the court registry
- Court
- Chhattisgarh HC
- Decided on
- · January
- Registered
- Case no.
- ACQA/91/2009
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