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2021 Supreme(Bom) 216

ROHIT B.DEO
Sagar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M.P. Khajanchi.
For the Respondent: Tajwar Khan.

JUDGMENT :

ROHIT B. DEO, J.

1. The petitioners are allegedly partners of Khandre Trading Corporation which firm is an agent of Hindustan Petroleum (HP).

2. Mr. Vijaykumar Chavhan, Sub-Divisional Police Officer, Gadchandur received secret information that Gopal Malpani is illegally holding gas cylinders and is indulging in black marketing. Mr. Vijaykumar Chavhan directed Mr. Khan, Assistant Police Inspector attached with Police Station Gadchandur, to raid the business premises of Gopal Malpani.

3. Mr. Khan, alongwith panchas raided Malpani’s business establishment which was located in a building situated in Ward 4, Gadchandur, on the ground floor. The residential premises of Gopal Malpani was situated on the first floor of the said building.

4. Gopal Malpani’s shop was searched. Inter-alia, 39 domestic gas cylinders of HP, 28 empty domestic gas cylinders of HP, 4 commercial gas cylinders of HP, one empty commercial gas cylinder of HP and 10 empty gas cylinders of the smaller size of HP were found stored in the said shop. The rest of the articles were of the Indane Company, with which the petitioners are not concerned.

5. The Gadchandur police registered offences punishable under Sections

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