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1981 Supreme(SC) 312

A.P.SEN, BAHARUL ISLAM, O.CHHINNAPPA REDDY
State of Karnataka – Appellant
Versus
Krishna Bhima Walvakar – Respondent


Judgment

SEN, J. :- In this appeal, by special leave, from the judgment of the Karnataka High Court, the only issue between the parties is as to the legality and propriety of the order of confiscation passed by the Deputy Commissioner, Belgaum, of a consignment of 7,200 kg. of groundnut oil seized for contravention of sub-cls. (2) (a) and (b) of Cl. 3 of the Edible Oil, Edible Oil Seeds and Oil Cakes (Declaration of Stocks) Order, 1976 (hereinafter called the Order).

2. Briefly stated, the facts are these : On 6-6-1977 at about 11-30 a. m., the Sub Inspector of Police, Hukeri, intercepted a truck bearing registration No. MHL 2675 laden with 40 barrels of groundnut oil weighing 7,200 kg. which were being transported from Kampli to Nippani, without furnishing a declaration in Form II to Tahsildar, Hospet, as required under sub-cls. (2) (a) and (b) of CL 3 of the Order. The Sub Inspector of Police, after seizing the vehicle and the oil registered a case and thereafter reported the matter to the Deputy Commissioner, Belgaum. He forwarded the report together with the seized vehicle and the oil to the Deputy Commissioner, Belgaum for taking action under S. 6-A of the Essential Commodities






















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