1973 (4) TMI 121 - SC - Indian Laws

Summary

Issues:
1. Appeal against the quashing of prosecution under the Bihar Essential Commodities Act.
2. Interpretation of Schedule I of the Order regarding the inclusion of Motor Tyres and Tubes.
3. Consideration of relevant notifications by the Ministry of Commerce and Central Government.
4. Examination of legal clarity and certainty in the Essential Commodities Act.

Analysis:

1. The State of Bihar appealed to the Supreme Court against the quashing of the prosecution of two individuals under the Bihar Essential Commodities Act by a Single Judge of the Patna High Court. The prosecution was based on irregularities found during an inspection at a shop, including the failure to display price lists and stock positions of Motor Tyres, leading to contravention of specific clauses of the Order.

2. The High Court quashed the prosecution based on a previous decision that Motor Tyres and Tubes were not covered under Schedule I of the Order. However, the Supreme Court analyzed the items listed in Schedule I, particularly item No. 1 covering "Component parts and accessories of automobiles," and argued that Tyres and Tubes of automobiles should be included. The Court also highlighted a Gazette Notification adding a specific item for Tyres and Tubes of various vehicles, clarifying the coverage under the Order.

3. The Supreme Court considered notifications by the Ministry of Commerce and Central Government mentioning Tyres and Tubes of different vehicles as essential commodities. The Court compared these notifications with the Order to determine the intended coverage, emphasizing the need for clarity in legal mandates to guide law-abiding behavior.

4. The Court concluded that the Essential Commodities Act should provide clear and ascertainable standards to avoid ambiguity for dealers. Without precise specification in the Order, dealers cannot be held criminally liable for violations. The judgment emphasized the importance of fair warning and legal certainty in criminal jurisprudence, supporting the High Court's decision to acquit the respondents. Consequently, the appeal was dismissed, upholding the acquittal based on the lack of clarity in the legal mandate regarding the inclusion of Motor Tyres and Tubes under the Essential Commodities Act.