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Essential Commodities Act, 1955

217 judgments · newest first · showing 1–200

M/S ZUARI INDUSTRIES LTD AND ANRversusTHE STATE OF MAH

DISPOSED OFF

The applicants, Zuari Industries Ltd. and its officer C.L.N. Rao, sought to quash a criminal complaint alleging violation of clauses 13 and 19 of the Fertiliser (Control) Order, 1985, punishable under Section 7 of the Essential Commodities Act, 1955. The prosecution alleged that a sample of Single …

SANJAY BHAGIRATHMAL AGRAWAL AND ANOTHERversusTHE STATE OF MAHARASHTRA

DISPOSED OFF

The petitioners, owners of a rice‑milling business, challenged two FIRs (Crimes No. 181 and 182 of 2026) registered under the Essential Commodities Act, Petroleum Act, Bharatiya Nyaya Sanhita and the Maharashtra Control of Organised Crime Act (MCOCA). They sought quashing of the crimes and interim …

SANJAY BHAGIRATHMAL AGRAWAL AND ANOTHERversusTHE STATE OF MAHARASHTRA

DISPOSED OFF

The petitioners, owners of a rice‑milling business, challenged two FIRs (Crimes No. 181 and 182 of 2026) registered under the Essential Commodities Act, Petroleum Act, Bharatiya Nyaya Sanhita and the Maharashtra Control of Organised Crime Act (MCOCA). They sought quashing of the crimes and interim …

VISHNU SARJERAO DABHADEversusTHE STATE OF MAHARASHTRA

APPLICATION ALLOWED

Vishnu Sarjerao Dabhade, a fertilizer retailer, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 after a raid revealed alleged non‑maintenance of records and an expired licence. The prosecution alleged offences under Section 318(4) r/w Sec. 3(5) of the …

SADHU HULRAM MANEversusTHE STATE OF MAHARASHTRA

Allowed

The applicant, Sadhu Hulram Mane, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a case involving alleged illegal LPG cylinder refilling that attracted charges under Sections 287 read with 288 of the Bharatiya Nyaya Sanhita, 2023, Sections 3 and 7 …

SMT. MAMTA DEVIversusSTATE OF U.P. AND 4 OTHERS

The petitioner, a fair‑price shop licensee, had her licence cancelled after a series of inspections that alleged irregularities in the distribution of food grains, including shortfalls in stock and complaints by ration card‑holders. The first inspection led to a suspension order, which the …

RAHUL @ SAGAR BABAN AVHADversusSTATE OF MAHARASHTRA

Allowed

The applicant, a hotelier, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with a charge-sheet alleging offences under the Bharatiya Nyaya Sanhita, Essential Commodities Act and Maharashtra Prohibition Act. The prosecution’s case rested on the seizure of …

KIRANversusSTATE OF U.P. AND 3 OTHERS

The petitioner filed a writ petition seeking to quash an FIR dated 20.08.2026 that alleged violations of Sections 3 and 7 of the Essential Commodities Act, 1955. The High Court examined the FIR and held that it prima facie disclosed the commission of an offence, citing Supreme Court precedents that …

MOHD. DANISHversusSTATE OF U.P. AND 3 OTHERS

The petitioner, a fair‑price shop licensee, was inspected on 11 January 2024 and a discrepancy was found between the physical stock of wheat, rice and bajra and the entries in the stock register. The licensing authority suspended the licence, sought an explanation, and after the petitioner’s reply …

Shashikant Popat ShardulversusThe State Of Maharashtra

Disposed Off

The applicant was convicted under Section 3 read with Section 7 of the Essential Commodities Act, 1955 and sentenced to three months' imprisonment and a fine of Rs.1,000, which was confirmed by the Sessions Judge. He had been on bail during the trial and had been in custody for five days pending the …

PUNEET KUMARversusSTATE OF U.P. AND ANOTHER

Puneet Kumar challenged the dismissal of his appeal against an order passed under Section 6A of the Essential Commodities Act, 1955, which had led to the confiscation of 479 quintals of rice. The appeal before the Sessions Judge, Bulandshahr, was dismissed on the ground of want of prosecution …

HARISH BHIM SINGHversusTHE STATE OF MAHARASHTRA

Dismissed

The applicant, Harish Bhim Singh, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with charges under Sections 287, 303(2) and 62 of the same Act and Sections 3 and 7 of the Essential Commodities Act, 1955. The prosecution alleged that a large …

RAJ BAHADURversusSTATE OF U.P.

The applicant, Raj Bahadur, a laborer, was arrested on 4 August 2026 in connection with a case (Crime No.215 of 2026) involving alleged offences under several sections of the Indian Penal Code, the Trademark Act, 1999 and the Essential Commodities Act, 1955. He pleaded innocence, claiming false …

SUNIL KUMARversusSTATE OF U.P.

Sunil Kumar, a laborer, was arrested on 4 August 2026 and charged under several sections of the Indian Penal Code, the Trademark Act, 1999 and the Essential Commodities Act, 1955. He applied for bail, claiming he is innocent, has no criminal record and was falsely implicated. The State opposed the …

SHRIKANT AGRAWALversusSTATE OF U.P. AND ANOTHER

The applicant, Shrikant Agrawal, filed an application under Section 528 of the Code of Criminal Procedure seeking to set aside the cognizance and quash the charge sheet in a criminal case under the Essential Commodities Act. He contended that no offence was disclosed and that the prosecution was …

MANVENDRA SINGHversusSTATE OF U.P.

Manvendra Singh, the driver of a D.C.M. vehicle from which urea was seized, was charged under several sections of the Indian Penal Code, the Trade Marks Act and the Essential Commodities Act. He pleaded that he had no knowledge of the contraband and had no prior criminal record. The High Court …

KALPVRAKSH IMPEX PVT LTD AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Allowed

The petitioners, exporters of seeds and rice, challenged the seizure of their commodities by the State of Maharashtra on the ground that no licence was required for export-oriented stock and that the seizure was made without any allegation of hoarding or price manipulation. They argued that they …

Paras Sah @ Paras Lal SahversusThe State of Bihar

BAIL GRANTED

Paras Sah applied for anticipatory bail after being implicated in offences under Section 317(5) of the Bihar Narcotic Substances Act, 2023, Section 3(4) of the Explosive Substance Act, 1908 and Section 7 of the Essential Commodities Act, 1955. The petitioner claimed a clean antecedent and argued …

Pramod Kumar @ Pramod YadavversusThe State of Bihar

BAIL GRANTED

Pramod Kumar was named in an FIR for alleged black marketing and illegal refilling of LPG cylinders under Section 7 of the Essential Commodities Act. The police seized a large number of cylinders, nozzles and passbooks from his shop, but the seizure list showed most cylinders were empty. The …

Pradeep DasversusThe State of Bihar

BAIL GRANTED

The petitioner, Pradeep Das, was arrested in connection with alleged black‑marketing of rice and wheat under Sections 318(4) and 316(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 7 of the Essential Commodities Act, 1955. He contended that the quantities of grain alleged to be in his possession …

Ram Ishwar PrasadversusThe State of Bihar

ALLOWED

Ram Ishwar Prasad applied for pre‑arrest bail in a case registered under Sections 318(4), 316(2), 316(5) of the BNS and Section 7 of the Essential Commodities Act, 1955. The petitioner could not furnish the bail bond because his PDS licence had been suspended, though not cancelled, as indicated by a …

Lakhi Narayan SahversusThe State of Bihar

BAIL GRANTED

Lakhi Narayan Sah, a labourer in a government godown, was charged under Sections 303(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of the Essential Commodities Act, 1955 for allegedly reducing the weight of grain sacks. He claimed he was compelled by the godown manager to make …

Junaid sahbaaz @ Junaid ShahbazversusThe State of Bihar

BAIL GRANTED

The petitioner, Junaid Shahbaz, applied for bail fearing arrest in a case (Roshna P.S. Case No. 111 of 2025) alleging violation of Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 and Section 7 of the Fertilizer Control Order, 1985 for transporting illegal fertilizer in his tractor. The …

KULSUM NISHAversusSTATE OF U.P. & ORS.

2026 INSC 617Appeal(s) allowed

The appellant, a married daughter, applied for allotment of a fair‑price shop under the dependent quota after her mother, the previous dealer, died. The Sub‑Divisional Magistrate and the Deputy Commissioner rejected her claim, relying on a clause in the 2016 Uttar Pradesh Essential Commodities Order …

Sharwan KumarversusThe State of Bihar

BAIL GRANTED

Sharwan Kumar was implicated in a case alleging illegal storage and sale of LPG cylinders under Section 223 of the B.N.S., 2023 and Section 7 of the Essential Commodities Act, 1955 after 11 cylinders were seized from a house where he was staying as a tenant. He contended that the cylinders were …

The Bihar State Food and Civil Supplies Corporation Ltd.versusPiyus Kumar

PARTLY ALLOWED (DISPOSAL)

The Bihar State Food and Civil Supplies Corporation (appellant) entered a three‑year transport‑handling agreement with Piyush Kumar (respondent) for the Madhubani district. The contract was terminated and the respondent was black‑listed in 2019, leading to arbitration under the Arbitration and …

The Bihar State Food and Civil Supplies Corporation Ltd.versusPiyus Kumar

DISPOSED

The Bihar State Food and Civil Supplies Corporation (appellant) entered a three‑year transport‑handling agreement with Piyush Kumar (respondent) for the Madhubani district. The contract was terminated and the respondent was black‑listed, leading to arbitration where the sole arbitrator awarded Rs …

Rajiv Kumar and AnrversusThe State Of Bihar

DISMISSED

Petitioners Rajiv Kumar and Sanjiv Kumar were charged under Section 7 of the Essential Commodities Act for alleged black‑marketing of LPG cylinders, based on a raid prompted by secret information and the recovery of cylinders from a co‑accused. The Sub‑Divisional Judicial Magistrate took cognizance …

Prahlad Manjhi @ Prahlad MaziversusThe State of Bihar

DISPOSED

The petitioner, a fertilizer dealer, challenged the confiscation of 56 bags of fertilizer and a vehicle by the District Magistrate‑Cum‑Collector under Section 6A of the Essential Commodities Act, alleging that no show‑cause notice was served and thus his right to natural justice was violated. The …

Manjar AlamversusThe State of Bihar

BAIL REJECTED

Manjar Alam applied for anticipatory bail after being implicated in a case (PS‑313/2025) for alleged black‑marketing of rice and wheat under Sections 316(2), 316(5) and 318(4) of the Bihar N.S. Act, 2023 and Section 27 of the Essential Commodities Act, 1955. The petitioner claimed a clean record and …

SUBHAN ALIversusSTATE OF U.P.

The High Court of Allahabad considered an anticipatory bail application filed by Subhan Ali under Section 438 of the CrPC in a case arising from alleged violations of Sections 3 and 7 of the Essential Commodities Act, 1955, where a supply inspector seized 15 empty gas cylinders from his shop. The …

RAVINDRA KUMARversusSTATE OF U.P.

Ravindra Kumar appealed his conviction and three‑year rigorous imprisonment under Sections 3 and 7 of the Essential Commodities Act, 1955. He sought release on probation under the Probation of Offenders Act, 1958, arguing that the offence carried a maximum sentence of two years and that he had no …

Abhay DasversusThe State of Bihar

BAIL GRANTED

The petitioner, Abhay Das, was arrested in connection with a case under Section 7 of the Essential Commodities Act alleging misappropriation of rice and wheat from his PDS shop. The FIR claimed a large discrepancy between e‑POS records and actual stock, with only a fraction of beneficiaries …

Kartik YadavversusThe State of Bihar

BAIL REJECTED

Kartik Yadav applied for anticipatory bail after an FIR was lodged under Section 7 of the Essential Commodities Act, 1955 alleging that he had embezzled 151.96 quintals of rice and 69.67 quintals of wheat from his PDS shop. The petitioner argued that he had been a PDS dealer for over a decade …

Ravi KumarversusThe State of Bihar

BAIL GRANTED

Ravi Kumar was arrested on 25 January 2026 in connection with a case involving alleged possession of large quantities of petrol, diesel and related equipment recovered from a hut. The prosecution alleged offences under Sections 287, 316(2), 318(4) and 3(5) of the Bharatiya Nyay Sanhita, 2023, …

Md. Altaf @ Md. AltabversusThe State of Bihar

DISPOSED

The petitioner, Md. Altaf, applied for pre‑arrest bail in a case registered under Section 7 of the Essential Commodities Act, 1955, alleging involvement in a fertilizer smuggling operation where a truck carrying 666 sacks of urea was seized. He contended that he was not named in the FIR, had no …

RAVINDRA KUMAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER

The applicants, Ravindra Kumar and his son Asmit Kumar, filed an application under Section 528 of the BNSS Act and Section 482 of the CrPC seeking to quash the charge‑sheet and proceedings in Criminal Case No. 940 of 2025 arising from FIR 09/2025 under Sections 3 and 7 of the Essential Commodities …

RAMCHANDRA JATINBHAI PATEL S/O DECD. JATINBHAI GOPALBHAI PATELversusSTATE OF GUJARAT

44-PARTLY ALLOWED @ FH

Ramchandra Jatinbhai Patel inherited a fair‑price‑shop licence in 2016. After a criminal complaint, he was arrested in 2018 and, while in judicial custody, a show‑cause notice was issued and his licence was cancelled on 11‑05‑2018 without his being served with the order. The petitioner learned of …

Sonu KumarversusThe State of Bihar

BAIL GRANTED

The petitioner, Sonu Kumar, sought anticipatory bail after an FIR under Section 7 of the Essential Commodities Act, 1955 alleged that he was involved in black marketing of rice and wheat. The petitioner, a PDS dealer authorized to run another dealer's shop, contended that the alleged shortage …

Manoranjan Kumar DeoversusThe State of Bihar

DISPOSED

Manoranjan Kumar Deo, the petitioner, challenged the suspension and subsequent cancellation of his PDS shop licence (No. 62/16) by the Sub‑Divisional Officer, Kahalgaon, which was based solely on an FIR lodged under Section 7 of the Essential Commodities Act, 1955 alleging black‑marketing of food …

Birendra Kumar Mandal @ Birendra MandalversusThe State Of Bihar

DISPOSED

Birendra Kumar Mandal was taken into cognizance by the Sub‑Divisional Judicial Magistrate, Banka, under Section 7 of the Essential Commodities Act, 1955. He filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the magistrate’s order and to be …

Kumari RaniversusThe State of Bihar

BAIL GRANTED

Kumari Rani, a 61‑year‑old woman, was implicated in a case of alleged black marketing of wheat under Section 7 of the Essential Commodities Act, 1955 after a stock shortage was discovered during a police inspection. The prosecution alleged that the shortage indicated illegal hoarding, while the …

Dharamjeet Singh @ Dharjit SinghversusThe State of Bihar

BAIL GRANTED

The petitioner, Dharamjeet Singh, a PDS dealer, was implicated in a case under Section 7 of the Essential Commodities Act, 1955 for alleged black‑marketing of 33,887 kg of food grains. The prosecution’s case was based on a discrepancy in the quantity recorded on an e‑POS machine after his licence …

KIRITBHAI AMICHANDBHAI PATELversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

The petitioner challenged the confiscation of 3,99,171 litres of pit oil and 440 litres of spray oil ordered under Section 6-A of the Essential Commodities Act, 1955, arguing that the products do not qualify as "solvent" under the amended Solvent Control Order, 2000. The respondent contended that …

SHAYONA PETROCHEM LTD.,versusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

Shayona Petrochem Ltd. challenged the confiscation of 64,631 litres of pit oil by the Gujarat authority under Section 6‑A of the Essential Commodities Act, 1955, alleging that the oil does not fall within the definition of "solvent" under the Solvent, Raffinate and Slop Order, 2000 as amended in …

Jay Kumar YadavversusThe State of Bihar

BAIL GRANTED

The petitioner, Jay Kumar Yadav, sought anticipatory bail after an FIR was lodged under Section 7 of the Essential Commodities Act for alleged mismatches between his shop’s stock and the EPOS machine readings during a supply inspection. He contended that the EPOS machine was faulty and that he had …

Rambriksh PaswanversusThe State of Bihar

BAIL GRANTED

Rambriksh Paswan, a licensed P.D.S. dealer, was implicated in a FIR alleging that he black‑marketed 7.02 quintals of wheat and 21.40 quintals of rice, violating Section 7 of the Essential Commodities Act, 1955. He applied for bail, asserting a clean criminal record and that the FIR was filed without …

MANOJversusSTATE OF MAHARASHTRA & ANR.

2026 INSC 152Appeal(s) allowed

The appellants were convicted under Section 3 read with Section 7 of the Essential Commodities Act, 1955 for allegedly possessing and diverting government‑quota cement in 1994. The prosecution relied on the Maharashtra Cement (Licensing and Control) Order, 1973 and the Cement Control Order, 1967, …

Dharmlal Yadav @ Dharamlal YadavversusThe State of Bihar

ALLOWED

The petitioner, Dharmlal Yadav, a Fair Price Shop dealer, was implicated in Saur Bazar P.S. Case No. 318 of 2025 for allegedly failing to maintain the required quantities of wheat and rice as mandated under Section 7 of the Essential Commodities Act, 1955. The Supply Inspector’s inspection reported …

RAM MURATversusSTATE OF U.P.

The appellant Ram Murut was convicted by a Special Judge under Sections 3 and 7 of the Essential Commodities Act for possessing large quantities of food grains without a licence and was sentenced to one year of rigorous imprisonment. He was granted bail in 1988 but later absconded; his sureties have …

RAMESH CHANDRA GUPTAversusSTATE OF U.P.

The appellant, a fair‑price shop dealer, was caught transporting 90 kg of sugar for sale in the black market, violating the Essential Commodities Act and state sugar‑control orders. The Special Judge convicted him under Section 3/7 of the Essential Commodities Act and sentenced him to two years’ …

Ram Ishwar PrasadversusThe State of Bihar

DISPOSED

Ram Ishwar Prasad, President of a Primary Agricultural Credit Society, was implicated in alleged irregularities during an inspection and faced FIR charges under Sections 318(4), 316(2), 316(5) of the Bihar Non‑Cooperative Societies Act (BNSS) and Section 7 of the Essential Commodities Act, 1955. He …

Om Shankar kamatversusThe State of Bihar

DISPOSED

The petitioners, Om Shankar Kamat and Vinod Kumar, were implicated in an FIR under the Bharatiya Nyaya Sanhita and the Essential Commodities Act for alleged black‑marketing of rice meant for the Mid‑Day Meal scheme. They contended that they were merely a contractor’s representative and driver, that …

Sarfaraz AlamversusThe State of Bihar

DISPOSED

Sarfaraz Alam filed a writ petition challenging the confiscation of his truck by the Collector‑cum‑District Magistrate under the Essential Commodities Act and the dismissal of his statutory appeal under Section 6C. He sought a certiorari to quash the confiscation order and the appellate order, …

THE STATE OF MAHARASHTRAversusM/S. RAKESH TRADING

Disposed Off

The State of Maharashtra filed a criminal revision against M/s Rakesh Trading challenging an order of the Additional Sessions Judge dated 14 May 2015 which set aside a Rationing Officer’s directions under the Essential Commodities Act, 1955 concerning palmolein oil stock. The original order had …

Perwaiz Alam @ Md. Perwaiz AlamversusThe State of Bihar

BAIL GRANTED

The petitioner, Perwaiz Alam, the owner of a pickup vehicle, was implicated in a case where police intercepted the vehicle and recovered 120 bags of urea, leading to charges under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of the Essential Commodities Act, 1955. The petitioner …

Rupa Kumari @ Rupa JayasavalversusThe State of Bihar

DISPOSED

The petitioner, Rupa Kumari, filed a writ petition seeking the transfer of a Public Distribution System (PDS) license held by her deceased father‑in‑law to herself on compassionate grounds, arguing that the son of the deceased was unqualified to run the shop. The respondents, representing the State …

GAURI SHANKAR KUMARversusThe State of Bihar

ALLOWED

The petitioner, Gauri Shankar Kumar, a seed business proprietor, faced an FIR under Section 420 IPC, Section 7 of the Essential Commodities Act, 1955 and Section 9 of the Seeds Act alleging irregularities in seed handling and registration. The licence of his establishment had been cancelled …

SIDDHARTH DALMIA & ANR.versusUNION OF INDIA & ORS.

2025 INSC 351Disposed off

The petitioners, invoking Article 32, sought a court order to stop private hospitals from forcing patients to purchase medicines and consumables exclusively from the hospitals' own pharmacies at inflated prices, alleging exploitation and violation of the right to life under Article 21. They …

COAL INDIA LIMITED AND ANRversusCOMPETITION COMMISSION OF INDIA AND ANR

2023 INSC 580

Coal India Ltd (CIL) and its subsidiary Western Coalfields Ltd challenged the Competition Commission of India's (CCI) finding of abuse of dominant position, arguing that the Competition Act, 2002 does not apply to them because they are government companies created under the Coal Mines …

AVTAR SINGH & ANR.versusSTATE OF PUNJAB

2023 INSC 280Appeal(s) allowed

The appellants were seized by a Sub‑Inspector of Police at a bus stop in Phagwara on suspicion of selling gas cylinders at a price lower than the prescribed rate. They were convicted under Section 7 of the Essential Commodities Act, 1955 for unauthorized possession of the cylinders and sentenced to …

WEST U.P. SUGAR MILLS ASSOCIATION & ORS.versusTHE STATE OF UTTAR PRADESH & ORS.

2020 INSC 346Reference answered

The Supreme Court examined a reference concerning whether the Uttar Pradesh government could fix a State Advised Price (SAP) for sugarcane under Section 16 of the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 and whether such power conflicted with the Central government's authority to …

THE STATE OF ANDHRA PRADESHversusM/S LINDE INDIA LTD.

2020 INSC 334Dismissed

The State of Andhra Pradesh assessed tax on M/s Linde India Ltd for its sale of Medical Oxygen IP and Nitrous Oxide IP, treating them as unclassified goods under Schedule V of the Andhra Pradesh Value Added Tax Act, 2005, which would attract a 12.5%/14.5% rate. Linde argued that the products are …

M/S BASPA ORGANICS LIMITEDversusUNITED INDIA INSURANCE COMPANY LTD.

2020 INSC 190Dismissed

M/s Baspa Organics Ltd. (appellant) purchased a chemical plant and continued a fire‑and‑special‑perils insurance policy issued by United India Insurance Ltd. (respondent). After a fire in January 2002, the insurer denied the claim, alleging that the appellant had over‑valued the plant and had failed …

M/S. OUDH SUGAR MILLS LTD.versusUNION OF INDIA & ANR.

2020 INSC 142Dismissed

M/s Oudh Sugar Mills Ltd., a sugar manufacturer in Sitapur, Uttar Pradesh, challenged the Central Government's decision to place its factory in the Central Zone for levy‑sugar price fixation for the 1984‑85 and 1985‑86 crushing years, seeking parity with two other factories in the same district that …

INDIAN OIL CORPORATION LTD. & ORS.versusM/S. R.M. SERVICE CENTRE & ANR.

2019 INSC 1222Appeal(s) allowed

The dealer, M/s R.M. Service Centre, held a retail licence for petrol, diesel, oil and grease. A joint inspection revealed a positive stock variation of High Speed Diesel beyond permissible limits and lack of reference density. Samples drawn were sent for testing; the first was dispatched five days …

THE STATE OF UTTAR PRADESHversusAMAN MITTAL & ANR.

2019 INSC 1001Case Partly allowed

The State of Uttar Pradesh filed criminal appeals against Aman Mittal and others for alleged short delivery of petrol and diesel, invoking offences under the Legal Metrology Act, 2009, the Essential Commodities Act, and the Indian Penal Code (IPC). The High Court had quashed the charge‑sheet under …

C.I.T. BOMBAYversusTASGAON TALUKA S.S.K. LTD.

2019 INSC 309Disposed off

The appellant, the Commissioner of Income Tax, Bombay, challenged the deduction claimed by Tasgaon Taluka Sahakari Sakhar Karkhana Ltd., a cooperative sugarcane processor, for the price paid to cane growers that exceeded the Statutory Minimum Price (SMP) fixed under Clause 3 of the Sugar Cane …

RAJASTHAN CYLINDERS AND CONTAINERS LIMITEDversusUNION OF INDIA AND ANOTHER

2018 INSC 916Disposed off

The Supreme Court examined a Competition Commission of India (CCI) investigation into alleged bid‑rigging by LPG cylinder manufacturers in a tender floated by Indian Oil Corporation Ltd. (IOCL). The CCI and the Competition Appellate Tribunal (COMPAT) had found that the manufacturers colluded, …

SANTOSH S/O DWARKADAS FAFATversusTHE STATE OF MAHARASHTRA

2017 INSC 1027

Santosh was accused under Section 408 IPC read with Sections 3 and 7 of the Essential Commodities Act for receiving misappropriated food grains. He applied for anticipatory bail, which was rejected by the trial court and the Nagpur High Court. After depositing the alleged amount, he obtained interim …

SWARAJ ABHIYAN (V)versusUNION OF INDIA & ORS.

2017 INSC 660Dismissed

The Supreme Court examined a writ petition under Art. 32 challenging the failure of several State Governments and Union Territories to implement mandatory provisions of the National Food Security Act, 2013 (NFS Act), including grievance redressal officers, State Food Commissions, social audits and …

SHIVASHAKTI SUGARS LIMITEDversusSHREE RENUKA SUGAR LIMITED & ORS.

2017 INSC 1290Appeal(s) allowed

Shivashakti Sugars Ltd obtained permission to set up a sugar factory in Saundatti, Karnataka, but the High Court held that the nearby Raibagh Sahakari factory was an existing sugar mill within 15 km, violating Clause 6A of the Sugarcane Control (Amendment) Order, 2006, and ordered the factory’s …

UNION OF INDIA & ORS.versusM/S. CIPLA LTD. & ANR.

2016 INSC 981Disposed off

The Supreme Court examined the validity of several notifications issued by the Central Government under the Drugs (Prices Control) Order, 1995 (DPCO 1995) that prescribed norms for conversion cost, packing charges and process loss, and fixed retail or ceiling prices of drug formulations. The Court …

ESSAR STEEL LTD.versusUNION OF INDIA & ORS.

2016 INSC 325Dismissed

Essar Steel Ltd. and other off‑takers had long‑term contracts to purchase regasified LNG (RLNG) at a fixed price. In 2007 the Union Government issued a policy directive to pool RLNG prices and apply a uniform, non‑discriminatory price to all long‑term contracts, which raised the price for the …

BRANCH C.1.0., TIRUNELVELI RANGE, TAMILNADUversusMARIYAANTONVIJAY

2015 INSC 463Appeal(s) allowed

The police intercepted the vessel M.V. Seaman Guard Ohio within Indian territorial waters and seized a large quantity of unlicensed firearms and ammunition, leading to a charge sheet under the Arms Act, 1959 and other statutes. The accused challenged the charge sheet through revision (s.397) and a …

THE REVENUE DIVISIONAL OFFICER FORT, KOCHI & ORS.versusJALAJA DILEEP &ANR.

2015 INSC 199Appeal(s) allowed

The case concerned a petition by the owners of a 12.286‑cent plot in Ernakulam district seeking to have the land re‑classified as dry land (‘purayidam’) in the Basic Tax Register (BTR) under the Kerala Land Tax Act, 1961. The High Court, relying on Section 18 of the Land Tax Act, directed the …

CENTRE FOR PUBLIC INTEREST LITIGATIONversusUNION OF INDIA AND OTHERS ,

2013 INSC 709Disposed off

The Centre for Public Interest Litigation filed a writ petition seeking a separate expert committee to examine the health effects of soft drinks, especially on children, and to compel the Union of India to impose stricter regulatory controls, labeling, and advertising standards. The Court examined …

MOHD. JAMALversusUNION OF INDIA & ANR.

2013 INSC 448Disposed off

The petitioners, who were land owners, applied for petroleum retail outlet dealerships under a 2002 policy that later was suspended. They entered into long‑term lease deeds and maintenance‑handling contracts with Indian Oil and IBP, investing substantial sums, and claimed that the oil companies were …

UNION OF INDIA AND ANOTHERversusM/S. SWISS GARNIER LIFE SCIENCES & ORS.

2013 INSC 439Appeal(s) allowed

The Union of India challenged the Delhi High Court's order setting aside price‑fixation notifications for Doxofylline formulations, arguing that Doxofylline is a derivative of the scheduled bulk drug Theophylline. The respondents contended that Doxofylline is a new chemical entity not listed in the …

STATE OF BIHAR & ANR.versusARVIND KUMAR & ANR.

2012 INSC 298Appeal(s) allowed

The State of Bihar seized 5,923 bags of wheat from the flour mill of Arvind Kumar & Anr. after a raid based on secret information indicating diversion of subsidised food grains for black marketing. The respondents filed a writ petition seeking quashing of the FIR under the Essential Commodities Act, …

SUNIL KUMARversusSTATE OF HARYANA

2012 INSC 150Dismissed

Sunil Kumar was convicted under Section 7 of the Essential Commodities Act, 1955 for possessing and selling large quantities of blue kerosene and was sentenced to one year imprisonment and a fine. His appeal against the conviction was dismissed by the High Court, and a subsequent application seeking …

SUGAR MILLS ASSOCIATION & ORS .versusSTATE OF UTTAR PRADESH & ORS.

2012 INSC 33Matter referred to larger bench

The Supreme Court examined a series of civil appeals concerning the payment of outstanding principal amounts to sugarcane growers by sugar factories in Uttar Pradesh. The crux of the dispute was whether the State Government could fix a State Advised Price (SAP) for sugarcane that exceeds the minimum …

UNION OF INDIAversusGLAXO INDIA LTD. & ANR.

2011 INSC 244Appeal(s) allowed

Glaxo India Ltd. manufactured three bulk drugs and their formulations. The Central Government fixed maximum prices for these drugs by notifications dated 12‑May‑1981, 20‑Nov‑1986 and 2‑Jan‑1989, the latter superseding the earlier ones. The Government later demanded that Glaxo deposit Rs 71.21 crore …

BHARAT PETROLEUM CORPORATION LTD.versusCHEMBUR SERVICE STATION

2011 INSC 174Matter referred to larger bench

Bharat Petroleum Corporation Ltd (BPCL) entered into a Dispensing Pump and Selling Licence (DPSL) agreement with Chembur Service Station, appointing it as a dealer to sell BPCL's petroleum products. After a surprise inspection revealed alleged manipulation of a dispensing unit, BPCL issued a …

M/S BAJAJ HINDUSTAN LTD.versusSIR SHADI LAL ENTERPRISES LTD. & ANR.

2010 INSC 831Appeal(s) allowed

The Supreme Court examined whether the Union Government could de‑license the sugar industry by issuing Press Note 12 and a Notification under Section 298 of the Industries (Development and Regulation) Act, 1951, without a parliamentary amendment. It held that the executive power under Article 73(1) …

RAVICHANDRANversusSTATE BY DY. SUPERIN. OF POLICE, MADRAS

2010 INSC 169Appeal(s) allowed

The appellants were convicted for conspiracy, cheating, forgery of a palmolein oil permit and offences under the Prevention of Corruption Act and Essential Commodities Act. The prosecution alleged that accused A1, A2 and A4 had interpolated and forged the permit, relying mainly on handwriting …

SATYANARAYANA SULTANIA & ANR.versusSTATE OF CHHATTISGARH

2010 INSC 51Dismissed

On February 3, 2000, a truck carrying 100 quintals of paddy belonging to the petitioners was stopped by a food inspector, and the grain was seized and later confiscated under Clause 6(2) of the Madhya Pradesh Essential Commodities (Exhibition of Price and Price Control) Order, 1997. The petitioners …

MUKESH KUMAR AGRAWALversusSTATE OF U.P. & ORS.

2009 INSC 992Dismissed

The appellant, a licensed dealer of high‑speed diesel oil, challenged the cancellation of his licence under the Uttar Pradesh High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981, alleging that the cancellation was based on vague allegations of malice by …

UDAIPUR SAHAKARI UPBHOKTA THOK BHANDAR LTD.versusCOMMISSIONER OF INCOME-TAX

2009 INSC 924Dismissed

Udaipur Sahakari Upbhokta Thok Bhandar Ltd., a cooperative society dealing in both non‑controlled and government‑authorised controlled commodities, claimed a deduction under Section 80P(2)(e) of the Income‑Tax Act for commissions received for storing foodgrains under the Rajasthan Foodgrains Order. …

STATE (GOVT. OF NCT OF DELHI)versusD. A. M. PRABHU AND ANR.

2009 INSC 143Appeal(s) allowed

The State of NCT of Delhi filed a criminal appeal against D.A.M. Prabhu and others for allegedly violating Clause 17 of the Textile (Control) Order, 1986 by declaring incorrect fibre composition, thereby contravening an order made under Section 3 of the Essential Commodities Act, 1955. The trial …

COLLECTOR OF GANJAM AND ANR.versusRAMESH CHANDER PADHI

2009 INSC 114Appeal(s) allowed

The Collector of Ganjam seized a bus and 42 litres of kerosene for contravening the Orissa Kerosene Control Order. Under Section 6-A(1) of the Essential Commodities Act, the Collector ordered confiscation of the vehicle but, invoking the second proviso, allowed the owner to pay a fine of Rs.20,000 …

M/S PRECIOUS OIL CORPORATION AND ORSversusSTATE OF ASSAM

2009 INSC 102Dismissed

Mis Precious Oil Corporation and its proprietor and employee were prosecuted under Section 7(1)(a)(i) of the Essential Commodities Act, 1955 for contravening Clauses 3, 4 and 5(5) of the Lubricating Oil and Greases (Processing, Supply and Distribution Regulation) Order, 1987 by operating without a …

HARENDRA NATH CHAKRABORTYversusSTATE OF WEST BENGAL

2008 INSC 1500Dismissed

Harendra Nath Chakraborty, a licensed kerosene dealer, was convicted under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for failing to display stock and price lists and for not maintaining the stock register as required by the West Bengal Kerosene Control Order, 1968 and the West …

UNION OF INDIAversusM/S. RANBAXY LABORATORIES LTD. AND OTHERS

2008 INSC 640Dismissed

The Union of India challenged a Delhi High Court decision that had upheld Ranbaxy Laboratories' claim of exemption from the Drugs (Price Control) Order, 1995 for its bulk drug Pentazocine. The exemption was granted by a government notification dated 29 August 1995 and was said to expire on 31 …

M/S. HOLANI AUTO LINKS PVT. LTDversusSTATE OF MADHYA PRADESH

2008 INSC 549Dismissed

M/s. Holani Auto Links Pvt. Ltd. entered into a dealership agreement with Castrol India Ltd. and stored over 33,000 litres of engine oil at its premises. The State Food Department seized the oil and, under the Madhya Pradesh Essential Commodities (Exhibition of Price & Price Control) Order, 1977, …

OMA RAMversusSTATE OF RAJASTHAN AND ORS.

2008 INSC 504Dismissed

The appellants challenged the constitutional validity of Sections 54A, 69(4)‑(9) and 98 inserted by amendment to the Rajasthan Excise Act, 1950, alleging that they usurped the jurisdiction of criminal courts, removed the remedy of judicial review and violated Articles 14, 19, 20, 21, 301 and 254 of …

STATE OF KARNATAKA AND ORS.versusM/S SRI CHAMUNDESWARI SUGAR LTD.

2008 INSC 464Case Allowed

M/s Sri Chamundeswari Sugar Ltd., a sugar manufacturer, purchased sugarcane from growers and paid the Statutory Minimum Price fixed by the Central Government together with the State Advised Price (SAP) fixed by Karnataka. The assessing authority levied purchase tax on the total amount, including …

MAHALAKSHMI SUGAR MILLS CO. LTD. & ANR.versusUNION OF INDIA & ORS.

2008 INSC 430Disposed off

The appellants, Mahalakshmi Sugar Mills and Govind Nagar Sugar Ltd., challenged the Central Government's fixation of levy‑sugar prices for the 1983‑84 and 1984‑85 sugar years, arguing that the government ignored the additional price payable to cane growers under clause 5A of the Sugarcane (Control) …

STATE OF MAHARASHTRA & ORS.versusBHAURAO PUNJABRAO GAWANDE

2008 INSC 289Case Allowed

Bhaurao Punjabrao Gawande, a petroleum transporter, was alleged to have repeatedly engaged in black‑marketing of kerosene and faced several prosecutions under the Essential Commodities Act, 1955. The Commissioner of Police, acting under the Prevention of Black Marketing and Maintenance of Supplies …

FOOD CORPORATION OF INDIA & ANR.versusM/S SEIL LTD. & ORS.

2008 INSC 50Dismissed

The respondents, manufacturers of levy sugar, supplied the commodity to the Food Corporation of India (FCI) and the Uttar Pradesh Power Corporation Ltd. (UPPCF) under the Essential Commodities Act, 1955. After the Central Government sanctioned the respondents' claims, FCI withheld payment, citing …

THE EMPIRE JUTE CO. LTD. & ORS.versusTHE JUTE CORPORATION OF INDIA LTD. AND ANR.

2007 INSC 1074Case Partly allowed

The Empire Jute Co. Ltd. entered into a sale contract for raw jute with the Jute Corporation of India, which was subject to a Production Control Order compelling the mill to purchase jute at a fixed price. The appellant alleged the supplied jute was of inferior quality, refused to purchase, and …

M/S. DHAMPUR SUGAR (KASHIPUR) LTD.versusSTATE OF UTTARANCHAL AND ORS.

2007 INSC 963Dismissed

Mis. Dhampur Sugar (Kashipur) Ltd., a sugar manufacturer, applied for a licence to set up a power‑crusher unit for manufacturing rah from sugarcane. The application was initially rejected under the existing licensing policy, but after the State Government modified the policy on 15 November 2003, a …

KAILASH PRASAD YADAV AND ANR.versusSTATE OF JHARKHAND AND ANR.

2007 INSC 513Appeal(s) allowed

The appellants owned a truck hired to transport wheat belonging to the Food Corporation of India. The Deputy Commissioner, invoking the Essential Commodities Act, 1955, ordered the truck's confiscation, a decision upheld by the Sessions Judge and the Jharkhand High Court. The appellants contended …

M/S OJAS INDS. (P) LTD.versusM/S OUDH SUGAR MILLS LTD. AND ORS.

2007 INSC 360Disposed off

The dispute arose when Ojas Industries filed an Industrial Entrepreneur Memorandum (IEM) to set up a sugar mill, and Oudh Sugar Mills filed a later IEM within 7.2 km of Ojas' proposed site. The Delhi High Court held that the 15‑km distance rule applied only between an existing and a proposed mill, …

THE STATE OF WEST BENGAL AND ORS.versusM/S VEEJAY INTERNATIONAL (INDIA) AND ORS.

2007 INSC 159Appeal(s) allowed

The State of West Bengal issued the West Bengal Rice and Paddy Control Order, 1997 under the Essential Commodities Act, 1955, containing clauses 9 and 10 that regulated storage, transport and export of rice and paddy. A writ petition challenged these clauses as being inconsistent with the …

STATE OF MAHARASHTRA AND ORS.versusLALIT SOMDATTA NAGPAL AND ANR.

2007 INSC 129Disposed off

The Supreme Court examined whether offences under the Essential Commodities Act, 1955 (including those committed during the period of the Essential Commodities (Special Provisions) Act, 1981) fall within the ambit of the Maharashtra Control of Organized Crime Act, 1999 (MCOCA). It held that the 1955 …

M/S ASHOKA SMOKELESS COAL IND. P. LTD. AND ORS.versusUNION OF INDIA AND ORS.

2006 INSC 943Disposed off

The Supreme Court examined the constitutionality of Coal India Ltd.'s electronic auction (E‑Auction) scheme for allocating coal to non‑core sector consumers. The petitioners argued that coal is an essential commodity and that the scheme's variable pricing, lack of a fixed price, and inclusion of …

S. CHINNASAMY AND ANR.versusSEED INSPECTOR, COIMBATORE AND ANR.

2006 INSC 684Case Partly allowed

The appellants, S. Chinnasamy and R. Soundarajan, were found operating a seed shop without a valid licence and in violation of the Seeds (Control) Order, 1983. A seed inspector seized a small quantity of cotton and tomato seeds, noted the absence of a price list and records, and the Special Judge …

BHUPINDER SINGH AND ORS.versusJARNAIL SINGH AND ANR.

2006 INSC 427Appeal(s) allowed

The appellants were arrested for a dowry death under Section 304B(8) of the IPC and applied for bail, contending that the police challan had not been filed within the statutory period. The trial magistrate rejected bail, holding that the challan was filed within 90 days, while the Sessions Judge …

ROMESH LAL JAINversusNAGINDER SINGH RANA AND ORS.

2005 INSC 540Appeal(s) allowed

The case arose from a FIR lodged by a Sub‑Inspector (the respondent) against M/s Jain Gas Agency under the Essential Commodities Act, which the appellant claimed was false and alleged that the officer had misappropriated gas cylinders and accepted a bribe. The Special Judge directed the …

D. PARRY (INDIA) LTD.versusASSISTANT COMMISSIONER OF COMMERCIAL TAXES, CHENNAI

2005 INSC 247Appeal(s) allowed

E.I.D. Parry (India) Ltd., a sugar manufacturer, purchased sugarcane at a statutory minimum price and an additional price under Clause 5‑A of the Sugarcane (Control) Order, 1966. The additional price could be determined only after the sugar year ended, so the company paid an advance on that price, …

SIDHESHWAR SAHAKARI SAKHAR KARKHANA LTD.versusUNION OF INDIA AND ORS.

2005 INSC 96

Sidheshwar Sahakari Sakhar Karkhana Ltd., a cooperative sugar manufacturer, claimed a rebate under Notification No. 132/82 for excess sugar production in May‑September 1982, calculating average production over three years (including two years of nil output) as 11,009.67 quintals. The revenue …

SARABHAI M. CHEMICALSversusCOMMISSIONER OF CENTRAL EXCISE, VADODARA

2004 INSC 716Appeal(s) allowed

Sarabhai M. Chemicals, a bulk‑drug manufacturer, claimed exemption from excise duty under Notification No. 234/86 after obtaining certificates from the Drugs Controller. The Central Excise Department issued three show‑cause notices alleging that a portion of the sorbitol solution and vitamin C was …

PRAKASH BABU RAGHUVANSHIversusSTATE OF MADHYA PRADESH

2004 INSC 519Leave Granted & Disposed off

The appellant was convicted under Section 3 read with Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for allegedly violating the Madhya Pradesh Sarvajanik Purti Vitaran Scheme, 1991. The appellant argued that the Scheme does not constitute an "order" as required by Section 3, and …

STATE OF A.P.versusFARMERS SERVICE COOP. SOCIETY AND ORS.

2004 INSC 450Leave Granted & Allowed

The State of Andhra Pradesh filed a criminal complaint against Farmers Service Cooperative Society and others under Section 7(1) of the Essential Commodities Act for allegedly supplying sub‑standard zinc sulphate. The charge‑sheet was filed about two years after the alleged offence, and the …

STATE OF PUNJABversusKASTURI LAL AND ORS.

2004 INSC 405Leave Granted & Allowed

The State of Punjab appealed against a High Court order that quashed charges framed under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 against the directors of Mis. Sangrur Vanaspati Mills Ltd., leaving only the production manager to stand trial for adulterating vegetable oil. The …

STATE OF WEST BENGAL AND ORS.versusSUJIT KUMAR RANA

2004 INSC 45Appeal(s) allowed

The State seized a truck carrying forest produce without a transit permit and initiated confiscation proceedings under the West Bengal amendments to the Indian Forest Act, 1927. The District Judge set aside the confiscation order on the ground that the notice under Section 59‑B was invalid, …

KRISHI UTPADAN MANDI SAMITI AND ORS.versusPILLIBHIT PANTNAGAR BEEJ LTD. AND ANR.

2003 INSC 678Dismissed

The appellant Market Committee sought to levy market fees under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam on Pillibhit Pantnagar BeeJ Ltd., which deals in the purchase, processing and sale of certified wheat seeds. The respondents argued that wheat seed is not listed in the Schedule of the …

S. SAMUEL, M.D., HARRISONS MALAYALAM AND ANR.versusUNION OF INDIA AND ORS.

2003 INSC 609Appeal(s) allowed

The appellants, tea manufacturers, challenged the constitutional validity of the Tamil Nadu Scheduled Articles (Prescription of Standards) Order, 1977, which regulated tea as an essential commodity. They argued that tea is not a "foodstuff" under the Essential Commodities Act, 1955, and that the …

THE TATA IRON & STEEL CO. LTD.versusCOLLECTOR OF CENTRAL EXCISE, JAMSHEDPUR

2002 INSC 438Appeal(s) allowed

The Tata Iron & Steel Co. Ltd. and other steel manufacturers were required by the Joint Plant Committee (JPC) and Steel Priority Committee (SPC) to add certain elements to the ex‑works price of iron and steel for funds such as the Steel Development Fund. The Central Excise Department contended that …

NAGRIK UPBHOKTA M. MANCHversusUNION OF INDIA AND ORS.

2002 INSC 255Appeal(s) allowed

The Central Government issued the Kerosene (Restriction of Use and Fixation of Ceiling Price) Order, 1993 fixing a "declared price" that may include charges, rates, duties and taxes prescribed by the State. Madhya Pradesh’s Director and district Collectors fixed wholesale and retail kerosene rates …

STATE OF U.P. AND ORS.versusDAULAT RAM GUPTA

2002 INSC 173Dismissed

The State of Uttar Pradesh issued executive orders refusing to renew licences of petty diesel dealers whose premises were within five kilometres of a government‑run retail outlet. Daulat Ram Gupta, whose licence was thus refused, challenged the order. The Allahabad High Court set aside the order and …

H.S. JAYANNA AND BROS. AND ORS.versusSTATE OF KARNATAKA AND ORS.

2002 INSC 124Dismissed

The appellants, rice millers and commission agents, challenged the levy of market fee on rice imposed by Marketing Committees under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, arguing that the Karnataka Rice Procurement (Levy) Order, 1984 (a Control Order issued under the …

SAURASHTRA OIL MILLS ASSOCIATION, GUJARATversusSTATE OF GUJARAT AND ANR.

2002 INSC 89Dismissed

The Saurashtra Oil Mills Association challenged Gujarat's 2000 order fixing stock limits for edible oilseeds and edible oils, arguing that the Central Government's 1997 amendment deleting these items from its 1977 Storage Control Order implied repeal of the State's 1981 order and created a …

STATE OF TAMIL NADUversusPARAMASIVA PANDIAN

2001 INSC 538Leave Granted & Dismissed

Special Courts were created under the Essential Commodities (Special Provisions) Act, 1981 to try offences under the Essential Commodities Act, 1955, and later were also empowered to try NDPS offences. The EC (Special Provisions) Act lapsed in 1998, causing those courts to lose jurisdiction over EC …

M/S. NEYVELI LIGNITE CORPORATION LTD.versusCOMMERCIAL TAX OFFICER, CUDDALORE AND ANR.

2001 INSC 451Appeal(s) allowed

Neyveli Lignite Corporation Ltd., a fertilizer manufacturer, received a government subsidy under the Retention Price Scheme, which compensated the difference between the retention price and the maximum price fixed by the Fertilizer (Control) Order. The Tamil Nadu tax authority treated the subsidy as …

DEPUTY COMMISSIONER, DAKSHINA KANNADA DISTRICTversusRUDOLPH FERNANDES

2000 INSC 112Appeal(s) allowed

The Supreme Court considered two appeals where vehicles carrying essential commodities were seized under the Essential Commodities Act, 1955. The Deputy Commissioner ordered the release of the vehicles on payment of a fine based on the market price of the vehicles, which the High Court struck down, …

STATE OF U.P. AND ORS.versusM/S. CHHABRA BRICKS AND TILES MFG. CO.

1999 INSC 548Appeal(s) allowed

The State of Uttar Pradesh issued the U.P. Coal Control Order, 1977 under Section 3 of the Essential Commodities Act, 1955, requiring licences for brick kilns using slack coal and imposing conditions on the sale, price, size and export of the bricks produced. Brick manufacturers challenged the …

SHRI RAVINDER KUMAR SHARMAversusTHE STATE OF ASSAM AND ORS.

1999 INSC 398Dismissed

R.K. Sharma sued the State of Assam and two police officers for malicious prosecution, seeking pecuniary damages for rice and paddy seized and non‑pecuniary damages for pain and reputation. The trial court dismissed the suit; the Gauhati High Court allowed pecuniary damages but denied non‑pecuniary …

THE BELSUND SUGAR CO. LTD. ETC. ETC.versusTHE STATE OF BIHAR AND ORS. ETC.

1999 INSC 315Disposed off

The Supreme Court examined whether the Bihar Agricultural Produce Markets Act, 1960 (the Market Act) could be applied to transactions involving sugarcane, sugar, molasses, wheat products, vegetable oils, rice, milk products and tea. It held that the special statutes governing sugarcane, sugar and …

SH. VIJAY KUMAR AND ORS.versusUNION OF INDIA ORS.

1998 INSC 206Dismissed

The Central Government, under Section 2(a)(xi) of the Essential Commodities Act, 1955, issued a 1983 notification declaring various seeds as essential commodities and issued the Seeds (Control) Order, 1983. Earlier, a Division Bench of this Court upheld the validity of that notification and order in …

NLRMAL KANTI ROY ETC.versusSTATE OF WEST BENGAL ETC.

1998 INSC 195Dismissed

The Supreme Court considered two appeals: one under Section 409 IPC where the appellant sought discharge under Section 167(5) of the CrPC after the two‑year investigation period expired, and another under Section 7(1)(a)(ii) of the Essential Commodities Act concerning the limitation bar under …

M/S. PEPSI FOODS LTD. AND ANR.versusSPECIAL JUDICIAL MAGISTRATE AND ORS.

1997 INSC 714Appeal(s) allowed

The consumer complained that a bottle of "Lehar Pepsi" he purchased was adulterated with fungus, leading to a complaint under the Prevention of Food Adulteration Act, 1954. The Special Judicial Magistrate summoned Pepsi Foods Ltd. and others, but the appellants challenged the summons in the High …

M/S. BEJGAM VEERANNA VENKATA NARASIMLOO ETC.versusSTATE OF ANDHRA PRADESH AND ORS.

1997 INSC 315Appeal(s) allowed

The appellants, rice millers, supplied rice to the Food Corporation of India under the Andhra Pradesh Rice (Procurement Ex‑Mill Prices) Order, 1975 and were paid the notified procurement price. The State later issued a memorandum (Nov 2 1976) extending that price to the 1976‑77 crop and, by a …

FOOD CORPORATION OF INDIAversusSTATE OF KERALA

1997 INSC 73Dismissed

The Food Corporation of India (FCI) purchased food grains from the State of Uttar Pradesh under levy orders issued pursuant to Section 3 of the Essential Commodities Act, 1955, and also distributed fertilizers under the Fertilizer (Control) Order, 1957. The State sought to levy purchase tax and a 5% …

SH. MALAPRABHA CO-OP., SUGAR FACTORY LTD.versusUNION OF INDIA

1997 INSC 70Leave granted

The Supreme Court examined the fixation of levy‑sugar prices for the years 1974‑75 to 1979‑80 under Section 3(3‑C) of the Essential Commodities Act, 1955. Earlier the Court had directed the Government to amend the notifications to include the sugar producer’s liability under clause SA (5A) of the …

STATE OF UP & ORS ETCversusSRI LAXMAN RICE MILLS AND ORS. ETC.

1997 INSC 38Disposed off

The State of Uttar Pradesh challenged the levy imposed on Sri Laxman Rice Mills under the U.P. Rice and Paddy (Levy and Regulation of Trade) Order, 1985, contending that the levy was effective from the night of 30 September/1 October 1995 and therefore covered the rice stock already held by the …

STATE OF MADHYA PRADESHversusJAORA SUGAR MILLS LTD. AND ORS. ETC.

1996 INSC 1177Appeal(s) allowed

The State of Madhya Pradesh sought recovery of unpaid sugarcane prices and interest from Jaora Sugar Mills Ltd. and other factories under the Essential Commodities Act, 1955, the Sugarcane Control Order, 1966 and the M.P. Sugarcane (Regulation of Supply and Purchase) Act. The growers and factories …

B!JAYA KUMAR AGARWALA ETC.versusSTATE OF ORISSA

1996 INSC 815Appeal(s) allowed

The appellants Bijaya Kumar Agarwala and Jagdish Prasad were stopped while transporting paddy in trucks that exceeded the quantity permitted for storage under the Orissa Rice and Paddy Control Order, 1965, and were convicted under Section 7 of the Essential Commodities Act, 1955 for allegedly …

SASA MUSA SUGAR WORKS ETC. ETC.versusSTATE OF BIHAR AND ORS. ETC. ETC.

1996 INSC 699Disposed off

The case concerned the validity of Sections 4A, 4B and 33M inserted by the Bihar Agricultural Produce Markets (Amendment) Acts of 1992‑1993 and the power of the State Government to add or delete items from the Schedule of the Bihar Agricultural Produce Markets Act, 1960 using Section 39. The sugar …

STATE OF TAMIL NADUversusKOTHARI SUGARS AND CHEMICALS LTD .

1996 INSC 206Dismissed

The State of Tamil Nadu directed sugar factories to pay an amount in excess of the statutory minimum and additional cane price fixed under the Sugarcane (Control) Order, 1966, as an advance. Kothari Sugars and Chemicals Ltd. paid this excess amount and challenged the State's demand that purchase tax …

STATE OF U.P.versusO.P. SHARMA

1996 INSC 192Appeal(s) allowed

The State of U.P. filed an FIR against O.P. Sharma, manager of Modi Paints and Varnish Works, for storing large quantities of edible oils without a licence under the U.P. Oil‑seeds and Oil‑seeds Products Control Order, 1966 and the Edible Oil‑seeds and Edible Oils (Storage Control) Order, 1977. The …

FOOD CORPORATION OF INDIAversusV.K. SUKUMARAN ETC. ETC.

1995 INSC 782Dismissed

The Food Corporation of India (FCI) demanded that authorised retailer V.K. Sukumaran refund the price differential on rice purchased on 10‑11 October 1985 and on stock held on 9 October 1985, after the Government of India revised the issue price of rice effective 10 October 1985. The State of …

THE STATE OF BIHARversusTHE TATA IRON AND STEEL CO. LTD.

1995 INSC 116Appeal(s) allowed

The State of Bihar prosecuted Tata Iron and Steel Co. Ltd. for selling non‑metallurgical coal without a licence under the Bihar Trade Articles (Licence Unification) Order, 1984. Tata argued that, as a colliery governed by the Central Government's Colliery Control Order, 1945, the State Order could …

BHARAT COKING COAL LTD.versusSTEEL ABRASERS AND ALLIED PRODUCTS LTD.

1994 INSC 358Appeal(s) allowed

Bharat Coking Coal Ltd (appellant), a government-owned company, sold hard coke to Steel Abrasers & Allied Products Ltd (respondent) for foundry use. The Central Government, under the Colliery Control Order, 1945, issued a 1991 notification fixing prices for coke but allowing additional charges for …

N. NAGENDRA RAO AND CO.versusSTATE OF ANDHRA PRADESH

1994 INSC 360Appeal(s) allowed

The appellant, a fertilizer and foodgrain dealer, had large stocks seized under the Essential Commodities Act, 1955. After part of the stock was confiscated, the remainder was ordered to be released, but the State failed to do so and the goods later deteriorated in quality and quantity. The …

THE PRINTERS (MYSORE) LTD. AND ANR.versusASSTT. COMMERCIAL TAX OFFICER AND ORS.

1994 INSC 51Disposed off

Printers (Mysore) Ltd. and other newspaper publishers challenged the Central Sales Tax authorities' demand that they pay tax at the higher 10% rate on raw materials used for printing, arguing that the amendment to the definition of "goods" in the Central Sales Tax Act, 1956 (which excluded …

RAGHU SEEDS AND FARMS AND OTHERS ETC.versusTHE UNION OF INDIA AND ORS. ETC.

1993 INSC 351

The petitioners challenged the validity of the Central Government's notification dated 24 February 1983 declaring seeds of food‑crops, fruits and vegetables as essential commodities under the Essential Commodities Act, 1955, and the consequent Seeds (Control) Order, 1983 which required licences for …

SHRI MALAPRABHA CO-OP. SUGAR FACTORY LTD.versusUNION OF INDIA AND ANR.

1993 INSC 304Disposed off

The Supreme Court examined the validity of a series of notifications fixing the price of levy sugar under the Essential Commodities Act, 1955. Sugar manufacturers contended that the Government had not taken into account the four factors prescribed in Section 3(3C) – minimum cane price, manufacturing …

UNION OF INDIA AND ANR.versusBRIJ FERTILIZERS PVT. LTD.

1993 INSC 206Dismissed

The respondents, small‑scale manufacturers of single super‑phosphate (SSP) fertilizer, were entitled to a government subsidy provided they met the standards prescribed in the Fertilizer (Control) Order, 1985 under the Essential Commodities Act, 1955. The Government of Madhya Pradesh commissioned …

STATE OF WEST BENGALversusFALGUNI DUTTA AND ANOTHER

1993 INSC 182Case Partly allowed

The State of West Bengal prosecuted Falguni Dutta and another for contravening orders under the Essential Commodities Act, 1955. The respondents were arrested on 16 March 1984, but the charge‑sheet was filed after the statutory six‑month period, and the Special Court under Section 12A took …

PARVEJ AKTAR AND ORS.versusUNION OF INDIA AND ORS.

1993 INSC 45Dismissed

The Supreme Court examined the constitutional validity of the Handlooms (Reservation of Articles for Production) Act, 1985 and the 4 August 1986 order reserving certain textiles for exclusive handloom production. Petitioners argued that the reservation created a monopoly, violated Articles 14 and …

RAZAKBHAI ISSAKBHAI MANSURI AND OTHERS ETC. ETC.versusSTATE OF GUJARAT AND ORS.

1992 INSC 328Dismissed

The petitioners challenged the constitutional validity of amendments to the Bombay Prohibition Act, 1949 made by the Gujarat Legislature that required a permit for possession of "rotten gur" in excess of a prescribed limit and regulated its manufacture. They argued that the provisions exceeded the …

STATE OF TAMIL NADU AND ORS.versusSANJEETHA TRADING CO. AND ORS.

1992 INSC 263Appeal(s) allowed

The State of Tamil Nadu, under the Tamil Nadu Essential Articles Control and Requisitioning Act, 1949, declared timber an essential article and issued the Tamil Nadu Timber (Movement Control) Order, 1982 which allowed transport of timber outside the State only on a permit. In September 1983 the …

PEERLESS GENERAL FINANCE AND INVESTMENT CO. LTD. AND ANRversusRESERVE BANK OF INDIA

1992 INSC 32Disposed off

The Supreme Court examined the constitutional validity of the Reserve Bank of India's 1987 directions regulating Residuary Non‑Banking Companies (RNBCs) under Sections 45J, 45K(3) and 45L of the RBI Act. The petitioners, a group of finance companies including Peerless, argued that the directions …

MUNSHI RAM RAM NIW ASversusCOLLECTOR, FOOD AND SUPPLIES DEPARTMENT AND ORS

1991 INSC 236Dismissed

The appellant, Munshi Ram Ram Niwas, was found with 80 quintals of Khandsari sugar during a raid, exceeding the 10‑quintal limit allowed without a licence under the Delhi Sugar Dealers Licensing Order, 1963. Two samples each were taken from three varieties of Khandsari and all showed sucrose content …

H.S.S.K. NIYAMI AND ORS.versusUNION OF INDIA AND ANR.

1990 INSC 242Dismissed

Two sugar factories in North Mysore challenged the constitutional validity of Section 3(3C) of the Essential Commodities Act, 1955 and a 1966 government notification that placed them in Zone 1 for sugar price fixation, alleging loss and denial of a notice‑hearing. The factories argued that the …

STATE OF MADHYA PRADESH AND ORS.versusRAMESHWAR RATHOD

1990 INSC 196Dismissed

The respondent's truck was seized by police on 10 December 1974 for an alleged violation of the Essential Commodities Act, 1955 that purportedly occurred on 15 March 1972. The respondent sought the vehicle's return through petitions before the Madhya Pradesh High Court, which held that Section 6A of …

SHAMBHU DAYAL AGARWALAversusSTATE OF WEST BENGAL AND ANR.

1990 INSC 185Dismissed

The petitioner, a mustard oil manufacturer, had 562 bags of mustard seeds and 262 tins of oil seized under the Essential Commodities Act, 1955 for alleged licence violations. After the seizure, the Collector, invoking section 6E, ordered the release of the goods to the petitioner, even though …

SHRI SITARAM SUGAR COMPANY LIMITED & ANR. ETC.versusUNION OF INDIA & ORS.

1990 INSC 82Dismissed

The petitioners, owners of sugar mills in Uttar Pradesh, challenged the Central Government's notifications fixing levy‑sugar prices on a zonal basis under Section 3(3‑C) of the Essential Commodities Act, 1955, alleging that the price‑fixation was arbitrary, discriminatory and violative of Article …

SHAM SUNDAR & ORS.versusSTATE OF HARYANA

1989 INSC 248Case Partly allowed

The appellants, partners of a rice‑milling partnership, were convicted under the Essential Commodities Act, 1955 for failing to supply the levy rice required by the Haryana Rice Procurement (Levy) Order, 1979. They appealed, contending that the prosecution had not proved that they were in charge of …

STATE OF MADHYA PRADESHversusNARAYAN SINGH & ORS.

1989 INSC 211Appeal(s) allowed

The State of Madhya Pradesh appealed the acquittal of lorry drivers, cleaners and a coolie who were intercepted while transporting fertiliser bags from Indore to Maharashtra without the permit required under the Fertiliser (Movement Control) Order, 1973. The trial court held that the prosecution had …

SMT. ARUNA KUMARIversusGOVERNMENT OF ANDHRA PRADESH AND OTHERS

1987 INSC 327Dismissed

The husband of the petitioner, Madhava Rao, was detained under Section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 for allegedly diverting levy cement meant for railway construction to private works. The petitioner challenged the detention …

GUPTA SUGAR WORKSversusSTATE OF U.P. & ORS.

1987 INSC 289Dismissed

Gupta Sugar Works, a Khandsari sugar manufacturer, challenged the Uttar Pradesh Khandsari Sugar (Levy) Order, 1981 which required surrender of 50% of first‑process output at a fixed price of Rs 320 per quintal. The petition alleged that the price fixation ignored the guidelines of sub‑section 3C of …

UNION OF INDIA & ANR.versusCYNAMIDE INDIA LID. & ANR.

1987 INSC 100Appeal(s) allowed

The Union of India appealed against a Delhi High Court judgment that quashed notifications fixing maximum prices of bulk drugs and retail prices of formulations under the Drugs (Prices Control) Order, 1979, on the ground that the government had failed to observe natural justice. The Court examined …

SURAJ PAL SAHUversusSTATE OF MAHARASHTRA &ORS.

1986 INSC 198Dismissed

Rampa! Sahu was detained on 17 December 1985 under section 3(2) of the National Security Act, 1980 for allegedly removing railway material and thereby prejudicing the maintenance of essential supplies. The State served the grounds, allowed a representation, referred the matter to the Advisory Board, …

DELHI CLOTH & GENERAL MILLS CO. LTD.versusUNION OF INDIA & ORS.

1986 INSC 26Appeal(s) allowed

Delhi Cloth Mills, a manufacturer of vegetable oil products, sold its "Panghat" and "Roshni" brands at wholesale prices lower than the maximum prices fixed by a government notification under the Essential Commodities Act due to market depression. The company submitted these actual prices to the …

STATE OF WEST BENGAL & ORS.versusCALCUTTA HARDWARE STORES AND ORS.

1986 INSC 21Appeal(s) allowed

The State seized about 600 metric tonnes of tin plates worth Rs.60 lakh from Calcutta Hardware Stores alleging violations of the Essential Commodities Act, 1955 and the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977, and also invoked sections 1208 and 420 of the …

COMMISSIONER OF SALES TAX, U.P.versusMACNEILL AND BARRY LTD., KANPUR

1985 INSC 240Dismissed

The respondent, a dealer in stationery, sold ammonia paper and ferro paper and claimed they were unclassified goods liable to tax at 2% under s.3 of the U.P. Sales Tax Act, 1948. The Sales Tax Officer classified them as "paper other than hand made paper" under Notification ST‑3124/X‑1012(4)‑1965, …

UNION TERRITORY OF CHANDIGARHversusM/S. AMRIT ROLLER FLOUR MILLS

1985 INSC 147Appeal(s) allowed

The respondent, Amrit Roller Flour Mills, held a licence under the Wheat Roller Flour Mills (Licensing and Control) Order, 1957 and supplied maida, suji and rawa to permit‑holders as directed by the District Food and Supplies Officer. It was assessed for sales tax under the Punjab General Sales Tax …

RAMANATHANversusSTATE OF TAMIL NADU & ANR.

1985 INSC 39Dismissed

The Tamil Nadu Government, invoking powers under the Essential Commodities Act, 1955 and a central notification (G.S.R. 800, 1978), issued the Tamil Nadu Paddy (Restriction on Movement) Order, 1982, which completely banned the transport of paddy from certain districts. Traders challenged the order, …

RATHI KHANDSARI UDYOG ETC.versusSTATE OF U.P. AND ORS. ETC.

1985 INSC 33Dismissed

The petitioners, owners of khandsari sugar factories in Uttar Pradesh, challenged the applicability of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964 (as amended in 1970) to their product, arguing that what they produce is "khandsari sugar" and not "khandsari" covered by the Act, and that the levy of …

SHEORATAN AGARWAL & ANOTHERversusSTATE OF MADHYA PRADESH

1984 INSC 168Dismissed

The Managing Director and Production Manager of M/s 5‑S Limited were prosecuted under the Essential Commodities Act for alleged violations of state licensing and price‑control orders. They contended that, under Section 10 of the Act, they could not be prosecuted unless the company itself was also …