VidhiSangh

Supreme Court of India · 13/02/2026

MANOJ versus STATE OF MAHARASHTRA & ANR.

[2026] 3 S.C.R. 144 · 2026 INSC 152

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Summary

The appellants' conviction under Section 3 read with Section 7 of the Essential Commodities Act for storing diverted Government-quota cement was set aside because, by the date of the alleged offence in 1994, price and distribution controls on cement and the State's delegated licensing power had been withdrawn, and the prosecution proved no subsisting control order whose breach could be an offence.

Issues

  1. Whether a conviction under Section 7 of the Essential Commodities Act could stand when no control order under Section 3 relating to cement was operative on the date of the alleged offence.
  2. Whether the conviction could be altered to an offence under the Indian Penal Code at the appellate stage.

Provisions considered

Held

Result

Criminal appeals allowed; convictions and sentences set aside; bail bonds cancelled and any fine paid to be refunded.

Judgment PDF: Supreme Court of India, [2026] 3 S.C.R. 144.