Courts Cannot Convict First and Search for Law Later: Supreme Court Faults Prosecution for Ignoring Statutory Foundation in Cement Case

“Both the trial Court and the High Court failed to examine the legal effect of decontrol and proceeded solely on an appreciation of evidence”, In a sharp reminder that criminal convictions must rest on a valid statutory basis and not merely on factual suspicion, the Supreme Court on 13 February 2026 criticised the approach of the courts below in affirming conviction under the Essential Commodities Act without first examining whether any operative control order existed.

Bench of Justice B.V. Nagarathna and Justice R. Mahadevan held that the prosecution and the courts below overlooked the foundational requirement under Section 7 of the Essential Commodities Act — namely, proof of contravention of a valid and subsisting order issued under Section 3.

While earlier addressing the issue of cement decontrol, the Court in this part of the judgment underscored a larger criminal law principle: no conviction can stand in the absence of a statutory offence in force on the date of the alleged act.

Evidence Appreciated, Law Ignored

The trial Court had convicted the appellants after examining seventeen witnesses and recording findings that cement meant for Government works had been diverted and stored in premises connected to them. The High Court affirmed these findings.

However, the Supreme Court found that both courts committed a serious legal error by failing to examine whether any control order regulating cement was operative on 24 March 1994.

The Bench observed:

“Both the trial Court and the High Court failed to examine the legal effect of decontrol and proceeded solely on an appreciation of evidence, ignoring the absence of a statutory foundation for the offence.”

This, the Court held, “strikes at the root of the conviction and renders the same unsustainable in law.”

The ruling reinforces that appreciation of evidence, however detailed, cannot substitute for the existence of a legally enforceable prohibition.

Section 7 E.C. Act: Contravention of a Valid Order Is Mandatory

The Court reiterated that Section 7 of the Essential Commodities Act penalises only contravention of an order issued under Section 3.

Thus, for a conviction to stand, the prosecution must establish two essential ingredients: first, the existence of a valid and operative order on the relevant date; and second, violation of that order.

In the present case, the prosecution failed at the very first step.

The Court found that:

“Significantly, the prosecution has failed to place on record any subsisting control order, notification, or statutory restriction in force on the relevant date…”

Without such proof, the prosecution under the E.C. Act was declared “wholly misconceived.”

Important Clarification: IPC Offences Could Have Been Invoked

While setting aside the conviction under the Essential Commodities Act, the Supreme Court made an important observation regarding prosecutorial responsibility.

The Bench acknowledged that if Government-supplied cement meant exclusively for public works was dishonestly diverted or retained, such conduct could attract offences under the Indian Penal Code, depending upon the evidence and ingredients satisfied.

The Court clarified:

“Acts such as diversion of Government-supplied cement meant for public works, dishonest retention thereof, or unauthorised dealing in such Government property may still attract penal consequences under the Indian Penal Code…”

However, the investigating agency had chosen to prosecute only under the Essential Commodities Act, without invoking appropriate IPC provisions.

Section 222 CrPC: Power to Convict for Minor Offence Not Exercised

The Supreme Court also referred to Section 222 of the Code of Criminal Procedure, which permits a court to convict an accused for a minor offence if the facts proved disclose such offence and no prejudice is caused.

The Bench observed:

“In a given case, where the facts proved disclose commission of a minor offence, the trial Court is empowered under Section 222 of the CrPC… to record a conviction for such minor offence even in the absence of a specific charge…”

However, no such exercise was undertaken in the present case. Further, the High Court, in appeal against conviction under a distinct statutory offence, could not substitute conviction under IPC provisions for the first time.

The Court firmly concluded:

“The lapse, therefore, lies squarely at the door of the investigating agency.”

A Broader Message: Criminal Law Demands Legal Precision

This judgment goes beyond cement decontrol. It underscores a fundamental criminal jurisprudence principle — that courts must first ascertain whether the alleged act constituted an offence under an operative law on the relevant date.

Factual findings, however strong, cannot sustain conviction in the absence of statutory backing.

By setting aside the conviction, the Supreme Court reaffirmed that criminal liability cannot be imposed in a legal vacuum.

The appeals were allowed. The conviction and sentence under Section 3 read with Section 7 of the Essential Commodities Act were set aside. Bail bonds were cancelled and fine, if paid, was directed to be refunded.

The ruling stands as a cautionary tale for investigative agencies and trial courts alike: before proving guilt, ensure that the law itself exists.

Date of Decision: 13 February 2026