Nathu Lal v. state of M.P. summary

NATHU LAL Vs. STATE OF M.P. 

SUPREME COURT OF INDIA

MARCH 22, 1965

CASE ON MENS REA 

Question before the court :

Whether mens rea is an essential ingredient to determine the culpability under section 7 of the Essential Commodities Act, 1955. 

Facts of the case :

The appellant was having the store of 885 mounds and 21/4 seers of wheat fir sale without a license which was necessary under 'The Madhya Pradesh Foodgrains Dealers Licensing Order, 1958'. Therefore the appellant was prosecuted under section 7 of Essential Commodities Act, 1955.

Contention of the parties  :

Appellant : The learned council for the appellant argues that the mens rea is an essential ingredient for culpability under the said act. The appellant has not done any unlawful act intentionally. He was of the belief that he has been issued the license although not recieved it as he had submitted the license fees and the authorities were also accepting the fortnight returns filed by the appellant. He was also assured by the inspector that his license will be issued. 

State :  The learned council for the respondent argues that mens rea is not an essential ingredient as the act being made is one in the Interest of general public for the control of market forces of certain commodities. 

JUDGEMENT

The additional district magistrate in the Trial Court recognises the mens rea as an essential ingredient in determining the culpability of a criminal offence and thus pass the judgement acquitting Nathu Lal as lack of mens rea was proved in present case in the court. 
High court on the contrary reversed the judgement passes by the Trial Court and found Nathu Lal guilty of the offence under section 7 of Essential Commodities Act, 1955.
Thus the appeal was filed in the Supreme Court by Nathu Lal - appellant. Supreme Court observed that mens rea is a crucial ingredient in criminal cases and thus cannot be ignored until and unless clearly set aside by the statute itself. The mere fact that the statute is for the welfare of the people does not nullify the ingredients of mens rea. 
Therefore the locus now is to decide whether the appellant stored the goods under the bona fide impression that the license has been issued to him. On this Subba Rao, J. opined that the appellant is the dealer of foodgrains at Dhar. He has applied for the license and also submitted the fees for the same. Authorities also accepted the fortnightly returns filed by him which gives him the bona fide of impression of license being issue to him although not delivered. Also there was no reason to disagree on the point that inspector assured him the license. Thus it can be concluded that the appellant acted under the bona fide impression of license being issued and there is no presence if mens rea found in the case, therefore the verdict of the high court was repealed and the Verdi of the trial court was upheld  by the supreme court.



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