Case Analysis: Nathulal vs State of Madhya Pradesh

1|Page
TITLE OF CASE:

The title of the case is NATHULAL v. STATE OF MADHYA PRADESH.

 CITATION:

[1966 Cri LJ 71]; [1966 AIR SC 43].

BENCH:

The case was presided over by the Full Bench in the Supreme Court which comprised of:

K. SUBBA RAO, J.C. SHAH AND R.S. BACHAWAT, JJ.

 WHETHER UNANIMOUS/ MAJORITY JUDGEMENT

Held Subba Rao, R.S Bachawat- Concurring

J.CShah- Dissenting

 FACTS OF THE CASE

 The appellant was a dealer in a food grains at Dhar in Madhya Pradesh.
 He was Prosecuted in the court of Additional District Magistrate, Dhar, for having
in stock 885 maunds and 21/4 seers of wheat for the purpose of sale without
license.
 Thus the appellant was charged for committing an offence under section 7 of the
ESSENTIAL COMMODITIES ACT, 1955.
 The appellant pleaded that he did not intentionally contravened the provisions of
the said section, and he did the storing of grains on the ground that he had applied
for the license and was under believe that it will be issued to him.
 Moreover he made continuous effort to get the license for two months, where the
Inspector gave him assurance that that he need not worry and the license will be
sent to his residence
 The appellant also continued to submit the returns on the food grains stored and
purchased to the respected authority.
 So when tried in the court of Additional District Magistrate, Dhar, the appellant
was acquitted on the finding that he had not the guilty mind.
  On appeal a division bench of the Madhya Pradesh High Court at Indore, set aside
the order of acquittal and convicted him on the basis that in case arising under the
act the idea of guilty mind was different from that arising in the case like theft,
and that he contravened the provision of the act and the order made thereunder.
 It sentenced the appellant to rigorous punishment for one year and to a fine of
Rs.2000. and in its default a further imprisonment of 6 months.
 So Nathulal appealed to the Supreme Court, and the Court considered both
English and Indian case law authority on deciding the issue.

5|Page
BIBLIOGRAPHY

1. Huda, Syed Shamshul, The Principles of Law of Crimes in British India, Lucknow:
Eastern Book Company, 1993.
2. Prakash, R., O.P. Srivastava’s Principles of Criminal Law, Lucknow: Eastern Book
Company, 2010.
3. Pandey, Kumar Askand Dr., Principles of Criminal Law in India: Cases & Materials,
Allahabad: Central Law Publications, 2014.
4. Pillai, P.S.A, Criminal Law, New Delhi: Lexis Nexis Butterworths, 2008.
5. Turner, JW Cecil, Outlines of Criminal Law, Delhi: Universal Law Publishing Co. Pvt.
Ltd., 2006.
6. Williams, Glanville, A Textbook of Criminal Law, New Delhi: Universal Law
Publishing Co. Pvt. Ltd., 2003.