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2019 Supreme(SC) 987

L.NAGESWARA RAO, HEMANT GUPTA
STATE OF UTTAR PRADESH – Appellant
Versus
AMAN MITTAL – Respondent


Advocates Appeared:
For the Petitioner(s):Pragya Baghel, M/S. Legal Options, Swarupama Chaturvedi, Advocates
For the Respondent(s):Shatadru Chakraborty, Kanchan Yadav, Surbhi Anand, Sonia Dube, M/S. Legal Options, Swarupama Chaturvedi, Advocates

JUDGMENT

HEMANT GUPTA, J.

Crl. Appeal Nos. 1328-1329 of 2019 (@SLP (Criminal) Nos.9981-9982 of 2017) AND Crl. Appeal Nos. 1330-1331 of 2019 (@SLP (Criminal) Nos.1912-1913 of 2017)

1) Leave granted.

2) The order dated October 4, 2017 passed by the Lucknow Bench of the High Court of Judicature at Allahabad is the subject matter of challenge in these appeals.

3) An FIR No. 130 was lodged on April 28, 2017 with Police Station Cantt, Lucknow for the offences punishable under Sections 265, 267, 420, 34, 120-B of the Indian Penal Code, 1860 [IPC] and Sections 3/7 of the Essential Commodities Act, 1955 [Act, 1955] in respect of short delivery of petrol and diesel by 200-220 ml. on each sale of 5 liters.

4) On April 27, 2017, the Special Task Force [STF] of the State Police took up the investigation into the commission of offence viz. short delivery of petroleum products i.e. high-speed diesel and motor spirit at various retail outlets operating within the city of Lucknow. The STF with the aid of officers of the Department of Weight and Measures and the District Administration raided the premises of the retail outlets. The team found that 15 nozzles connected to four machines i.e. dispensing

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