State of Madhya Pradesh v Narayan Singh, 1989 SCR (3) 549

Facts – In the case of, two identical cases involved the attempted unlawful export of fertilizer bags from Madhya Pradesh to Maharashtra. The respondents were acquitted by the Trial Court and the High Court on the grounds that the prosecution failed to prove mensrea (criminal intent) on the part of the accused. The prosecution argued that the respondents violated the Fertilizers (Movement Control) Order, 1973, by exporting fertilizers without a valid permit. The State appealed the acquittal, claiming that the respondents should be held liable for the offense.

Issues –

Whether the respondents could be convicted for contravention of the F.M.C Order and whether mensrea needed to be proven for liability?
Whether the respondents have committed the offence of attempt or merely preparation in the given situation?

Decision – The Court concluded that the respondents were indeed involved in exporting fertilizer bags without a permit, which constituted an attempted offense rather than mere preparation. The Court referred to a previous case, Nathu Lal v. State of Madhya Pradesh, AIR 1966 SC 43, which stated that mens rea was an essential ingredient for criminal offenses. However, the Court noted that the legislation had been amended, and a presumption of guilty mind arose for offenses under the Essential Commodities Act. The respondents claimed they were not aware of the contents of the seized documents and were not knowingly violating the F.M.C Order. The Court held that the Trial Court and the High Court judgments were erroneous and unsustainable. The acquittal was set aside, and the respondents were held liable for committing the offense.