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1978 Supreme(SC) 102

P.N.SHINGHAL, S.MURTAZA FAZAL ALI
S P E Madras – Appellant
Versus
K V Sundravelu – Respondent


JUDGMENT

P. N. SHINGHAL J.:— This appeal by special leave is directed against the judgment of the Madras High Court dated December 4, 1975, quashing the "proceedings pending in S. C. No. 2 of 1970 on the file of the First Assistant Sessions Judge, Madras". The facts giving rise to the appeal have been stated in the petition for special leave and have not been disputed.

2. Respondent K. V. Sundravelu carried on business as an exporter in Madras. He had a quota for the export of the handloom fabric known as "Bleeding Madras" for the period April 1, 1965 to March 31, 1966. It was one of the conditions of his export license that he should produce the goods for pre-shipment inspection by officers of the Textile Committee who had the authority to affix the date seals, monogram seals and the quality marking seals containing the trade mark of the All India Handloom Board. The seals were affixed by the concerned Textile Inspector after random inspection of the quality of the fabric. Such an inspection was made in July 1965 the fabric was put in bales, and the bales were sealed with lead seal. It was found, on a fresh inspection of one of the bales before actual loading, that the inside seals















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