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2010 Supreme(SC) 91

ALTAMAS KABIR, CYRIAC JOSEPH
Satyanarayana Sultania – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates appeared:
For the Petitioners:Saurabh Suman Sinha, Prashant Mishra, Gaurav Agrawal, Advocates. For the Respondent:Aniruddha P. Mayee, Advocate.

Judgment :

ALTAMAS KABIR, J.

1. The Special Leave Petition is directed against the judgment and order dated 18th March, 2008, passed by the Chhattisgarh High Court at Bilaspur in Crl. Revision No.459 of 2002, dismissing the same.

2. Briefly stated, the facts involved are that on 3rd February, 2000, a hundred bags of paddy were being transported by one Ramesh Sahu, the driver of truck No.MP-23DA 2115 belonging to the one Hemant Kumar, the Petitioner No.2 herein. The said driver was transporting the said paddy on the strength of a letter written on the letter pad of Bajrang Rice Mill. En route the truck was searched by the Food Inspector and the paddy was seized. In accordance with Clause 6(2) of the Madhya Pradesh Essential Commodities (Exhibition of Price and Price Control) Order, 1997, confiscation proceedings were initiated and the seized paddy was ordered to be confiscated by the Collector. An appeal was preferred which was also dismissed by the learned Sessions Judge, Bilsapur, in Crl. Appeal No.65 of 2001, confirming the order dated 13th March, 2001, passed by the Collector and Licensing Authority, Janjgir Champa, in Case No.60 of 2000. The Appellate Order was questioned in rev














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