Supreme Court of India

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.
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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

  1. 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.

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Citation

Malkiat Singh v State of Punjab (1969) 1 SCC 157

Reported: https://indiankanoon.org/doc/1792155/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.