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2003 Supreme(Kar) 643

MANJULA CHELLUR
BALAKRISHNA – Appellant
Versus
STATE BY THE P. S. I, OF UPPINANGADY POLICE STATION – Respondent


Advocates:
H.V.RAMESH, P.P.Hegde, Shashikanth Prasad

MANJULA CHELLUR, J.

( 1 ) HEARD the learned Counsel for the petitioners and the learned h. C. G. R for the respondent - State.

( 2 ) PETITIONERS -1,2, and 4 are inter-se related to each other. So far as petitioner No. 3 is an acquaintance of other petitioners. Petitioners No. 5 is also a close relative of the petitioner - 4.

( 3 ) THE allegation is that according to the prosecution on 23. 6. 2003, the Inspector of police of Uppinangadi Police Station raided the house of Krishnappa Poojari and seized one jeep bearing no, KA 21 M 5966, another scooter bearing No. KA 21 E 8679, motorbike bearing No. CNX 1314 and another motorbike bearing no. KA 21h 489 which were parked in front of the house. Along with these vehicles it is alleged the seized petrol, diesel, kerosene and field F. I. R. at Uppinangady Police Station] under Clause 5 of motor Spirit and High Speed Diesel (Prevention of Malpractices in supply and Distribution) Order, 1990 and under Sections 3 and 7 of the Essential Commodities Act. The offence can be punishable only under Essential Commodities Act for contravening the said order.

( 4 ) THE contention of the petitioners is that subsequent' to 1990 order Motor spirit and Hi






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