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Supreme Court of India

Deputy Commissioner, Dakshina Kannada District v. Rudolph Fernandes

Neutral citation
Reported as [2000] 2 S.C.R. 24
Bench B.N. Kirpal and M.B. Shah JJ.
Decided 29 February 2000

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, the appeals are allowed and the impugned orders holding that measure of imposing fine in lieu of confiscation under second proviso to Section 6A of the Essential Commodities Act would be the market price of the essential commodity seized are set aside.

Judgment, page 9

From the headnote

Essential Commodities Act, 1955 : S. 6- ( 1) second proviso. Confiscation of vehicle-Fine payable-Jn lieu of confiscation-Limit of-Held : Is limited to market price of the vehicle and not to the market price of the essential commodity carried in such vehicle-The contrary view taken by the High Court on the analogy of S.115(2) of Customs Act is erroneous­ Further, it is within the discretion of the competent authority to fix such reasonable amount considering the facts and circumstances of each case­ Customs Act, 1962, S.115(2). Essential Commodities Act-Object of-Held : To deter a person from

Where later benches applied it

Of those, 4 mentioned

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