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1978 Supreme(Bom) 161

R.A.JAHAGIRDAR
Venkatrao Narayanrao Ambekar – Appellant
Versus
Alma Sugar Mills – Respondent


Advocates:
L.V. Kapse with S.J. Deshpande, for Appellant; S. Malik, for Respondent No. 1. N.M. Kachare, Public Prosecutor, for the State.

JUDGEMENT :- This is an appeal preferred on behalf of the Agricultural Produce Marketing Committee of Aurangabad challenging the order of acquittal passed by the learned Judicial Magistrate, First Class, of Aurangabad in Summary Case No. 646 of 1974. The appellant, hereinafter referred to as the complainant is the Secretary of the Marketing Committee and the respondent No. 1, hereinafter referred to as the accused is the Manager of a Sugar Mills situated at village Phulamri on the outskirt of Aurangabed city. There is no dispute that the area in which the Sugar Mills is situated comes within the market area as defined under the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963, of Aurangabad. The prosecution was launched by the complainant charging the accused with the offence punishable under S.6(1)(a) and (b) read with S.46 of the aforesaid Act which will hereinafter be referred to as the Act of 1964. The prosecution case was that the accused was operating in the marketing area, over which the complainant has jurisdiction, as a trader and also as a processor of the declared agricultural produce. It was also alleged by the prosecution that the accused was operating















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