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2002 Supreme(Bom) 1022

R.K.BATTA, V.M.KANADE
Ollala Kamlakar Lachaih & others – Appellant
Versus
State of Maharashtra & another – Respondent


JUDGMENT - BATTA R.K., J.:---These petitions arise out of the same F.I.R. which is a subject matter of challenge in both the petitions and as such the petitions were heard together and are being disposed of by common order. We shall first refer briefly to the facts in these petitions.

2. In Criminal Writ Petition No. 247/02, the petitioners' case is that the F.I.R. does not disclose any offence against them and that there is no material to show that they are involved in any sort of terrorist activities and as such they seek quashing of the prosecution of the petitioners under Prevention of Terrorism Act, 2002 (hereinafter referred as POTA). According to the petitioners, petitioner No. 1 is an investing partner and petitioner No. 2 has working knowledge of business of Tendu leaves. Both the petitioners are Tendu Leave Contractors. Petitioner No. 1 is also a registered P.W.D. Contractor. Petitioner No. 1 had applied to the Government for permission to collect Tendu Leaves and after complying with the necessary formalities entered into an agreement with the Forest Department of State of Maharashtra for collection of Tendu Leaves. According to the petitioners, they had entered into a co















































































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