In Nathulal v. State of Madhya Pradesh (1965), a foodgrains dealer who had applied for a licence stored…
The majority, through Justice Subba Rao, held that mens rea is an ingredient of the offence under section 7, so the dealer must have intentionally contravened the order.…
Choose your answer
In Nathulal v. State of Madhya Pradesh (1965), a foodgrains dealer who had applied for a licence stored grain believing that the licence had been issued. He was prosecuted under section 7 of the Essential Commodities Act, 1955 for dealing without a licence. What was the outcome?
Answer and explanation
Correct answer B
The majority, through Justice Subba Rao, held that mens rea is an ingredient of the offence under section 7, so the dealer must have intentionally contravened the order. Since he "stored the goods under a bona fide impression" that his licence had been issued, he was acquitted. Justice Shah took the view that the dealer knowingly carried on business without a licence.
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