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2004 Supreme(SC) 751

ARIJIT PASAYAT, S.N.VARIAVA
State Of Punjab – Appellant
Versus
Kasturi Lal – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. The State of Punjab questions legality of the judgment rendered by a learned Single Judge of the Punjab and Haryana High Court in Criminal Revision No. 326 of 1998. A petition was filed under Section 401/482 of the Code of Criminal Procedure, 1973 (in short the Code ) questioning correctness of the order passed by learned Special Judge, Sangrur framing charges against the present respondents and one Prem Mohan Tiwari for alleged violation of the provisions contained in Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (in short the Act ).

3. Charge was framed by learned Special Judge by order dated 16.9.1997 holding that there was infringement of the provisions of Vegetable Oil Products Control Order, 1947 (in short the Control Order ) as amended under Section 3(1) of the Act. Samples of the vegetable oil product were drawn from the premises of M/s. Sangrur Vanaspati Mills Ltd. on 29.4.1992 and on analysis the sample was found to contain 78% of solvent mustard oil as against the permitted limit of 20%. A challan under Section 173 of the Code was filed in the Court of Special Judge, Sangrur and the present respondents and afores



































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