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PETITIONER: KUNJILAL AND ANOTHER
Vs.
RESPONDENT: THE STATE OF MADHYA PRADESH.
DATE OF JUDGMENT: 08/10/1954
BENCH: HASAN, GHULAM BENCH: HASAN, GHULAM DAS, SUDHI RANJAN BHAGWATI, NATWARLAL H.
CITATION: 1955 AIR 280 1955 SCR (1) 872
ACT: Criminal Procedure Code (Act V of 1898), s. 403 (1) and (2)- Appellants convicted for offences under ss. 392 and 332 I.P.C. while exporting contraband goods-Previous acquittal for prosecution under s. 7 of the Essential Supplies (Temporary Powers) Act, 1946 -Whether a bar to the subsequent trial for offences under ss. 392 and 332 I.P.C.
HEADNOTE: The appellants were tried and convicted for offences under ss. 392 and 332 of the Indian Penal Code committed when they were exporting certain essential supplies, the export of which was prohibited and constituted an offence under s. 7 of the Essential Supplies (Temporary Powers) Act, 1946. It was contended that the appellants were already prosecuted for an offence under s. 70 the Essential Supplies (Temporary Powers) Act, 1.946, and though convicted by the Magistrate, were acquitted by the Additional Sessions Judge, Sagar, and on the basis of that judgment which was not brought to the notice of the High Court the appellants who and once been tried for the same offence and acquitted could not be tried again under the provisions of s.403(1),of the Code of Criminal P...