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1984 Supreme(SC) 21

RANGANATH MISRA, S.MURTAZA FAZAL ALI
State Of Maharashtra – Appellant
Versus
Jayantilal – Respondent


Advocates:
M.N.SHROFF, N.M.GHATATE, O.P.RANA, V.D.Deshpande

JUDGMENT

RANGANATH MISRA, J.:— This appeal by special leave at the instance of the State of Maharashtra is directed against the decision of a Full Bench of the High Court of Bombay dealing with an interesting. question under the Forward Contracts (Regulation) Act, 1952 (Act for short). Several prosecutions were launched against the respondents for offences punishable under Ss. 20 and 21 of the Act on the basis of investigation carried out under S. 5 (2) of the Code of Criminal Procedure, 1898 (Code for short) and seizure of documents as a result of search conducted under S. 165 of the Code. Two cases ended in conviction and seven prosecutions resulted in acquittal. Against the conviction two separate appeals were carried to the Court of Sessions which were dismissed. The convicted accused carried two criminal revisions to the High Court. Against acquittal in other prosecutions the State preferred appeals to the High Court. The seven criminal appeals and the two criminal revisions were ultimately referred to a Full Bench for deciding the question raised, viz., as to whether or not the cases in question would be governed by the provisions of S. 22-B of the Act.

2. The Full Bench has c

















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