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2021 Supreme(Bom) 1088

SUNIL B.SHUKRE, AVINASH G.GHAROTE
Angel Click – Appellant
Versus
State Of Karnataka – Respondent


Advocates appeared:
R.M. Bhangde, Advocate, S.V. Sirpurkar, Advocate, A.S. Fulzele, Advocate, D.V. Chauhan, Advocate

JUDGMENT

Sunil B. Shukre, J. - Heard. Rule. Rule made returnable forthwith.

2. Heard finally by consent of the learned counsel appearing for the parties.

3. The petitioners are the traders carrying on business of sale and purchase of rice from their respective offices situated within the city of Nagpur. Their case is that the petitioner No.1 had purchased rice and broken rice of Heritage brand from M/s. S. R. Enterprises and V. K. Traders on various dates and had kept some of the rice bags in a godown situated at Umiya Industrial Area, Tarodi-Kapsi, Nagpur. Some of the rice so purchased by petitioner No.1 was sold by him to the petitioner No.2, who stored the rice bags in his godown situated at Lihigaon, Kamptee, Nagpur. On 24.12.2020, respondent No.1 armed with a warrant of search and seizure dated 22.12.2020 issued by the learned Judicial Magistrate, First Class, Gangavathi, District Koppal, Karnataka raided these godowns with the aid of respondent Nos.3 and 4 and seized the rice bags stored therein. From the godown of petitioner No.1, 6140 bags of Heritage brand rice and from the godown of the petitioner No.2, 999 bags of Heritage brand rice were seized by the respondent No.1, in e

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