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1968 Supreme(SC) 364

A.N.GROVER, J.C.SHAH, V.RAMASWAMI
Malkiat Singh – Appellant
Versus
State Of Punjab – Respondent


V. RAMASWAMI, J.

(1) THIS appeal is brought, by special leave, from the judgment of the Punjab High court, dated 4/11/1965, by which Criminal Revision Petition No. 263 of 1965 and Criminal Miscellaneous Case No. 224 of 1965, were dismissed.

(2) THE case of the prosecution is that on 19/10/1961, Sub-Inspec- tor Banarasi Lal of Food and Supplies Department was present at Samalkha Barrier along with Head Constable Badan Singh and others. The appellant Malkiat Singh then came driving truck No. P. N. U. 967. Babu Singh was the cleaner of that truck. The truck carried 75 bags of paddy weighing about 140 maunds. As the export of paddy was contrary to law, the Sub-Inspector took into possession the truck as also the bags of paddy. It is alleged that the consignment of paddy was booked from Lakerkotia on 18/10/1961, by Qimat Rai on behalf of Messrs. Sawan Ram Chiranji Lal. The consignee of the paddy was Messrs Devi Dayal Brij Lal of Delhi. It is alleged that Qimat Rai also gave a letter, Ex. P-3, addressed to the consignee Sawan Ram and Chiranji Lal were partners of Messrs. Sawan Ram Chiranji Lal and they were also prosecuted. In the trial court Malkiat Singh admitted that he




























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