Malkiat Singh v State of Punjab
(1969) 1 SCC 15719701 min read
The case in brief30-second read
- Facts
- A truck loaded with paddy was stopped at Samalkha, inside Punjab, about 14 miles from the Delhi border. The driver and cleaner were charged with attempting to export paddy from Punjab without a permit.
- Issue
- Whether carrying the paddy towards Delhi was an attempt to export or only preparation.
- Held
- It was only preparation. The accused could still have changed their minds before reaching the boundary, so their acts were not proximate enough to be an attempt. The conviction was set aside.
- Principle
- An act is preparation, not attempt, if what has been done would be harmless should the offender change his mind before the offence.
Facts
- A truck loaded with paddy was stopped at Samalkha, inside Punjab, about 14 miles from the Delhi border. The driver and cleaner were charged with attempting to export paddy from Punjab without a permit.
Issue
- Whether carrying the paddy towards Delhi was an attempt to export or only preparation.
Held
- It was only preparation. The accused could still have changed their minds before reaching the boundary, so their acts were not proximate enough to be an attempt. The conviction was set aside.
Cite this
Citation
Malkiat Singh v State of Punjab (1969) 1 SCC 157Reported: https://indiankanoon.org/doc/1792155/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.