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PALOK BASU
Hamid Ullah – Appellant
Versus
State of Uttar Pradesh – Respondent


JUDGMENT

Palok Basu, J. - These two petitions under section 482, Cr.P.C. arise out of the following facts:

2. On 28.8.1988 some contraband charas were recovered from the possession of Hamid Ullah, Wahid and Halim by one Sri H.P. Singh, an Excise Inspector of the State of Uttar Pradesh. The three were consequently arrested on the said date. On 21.8.1988 all the three accused were produced before the C.J.M./Link Magistrate, Meerut who passed the following order:

"Aaj Dinank 21.8.88 Ko Uprokt Apradh Men Muljim Uprokt Ko Thaney Dwara Giraftar Karkey Remand Key Merey Samksh Pesh Kiya Gaya. I.R. Ki Remand Prarthna Patra Key Auolokan Dwara Giyat Hua Ke Vivechna Abhi Shesh Hai.

The C.D. has not been produced. The Excise Inspector has submitted that G.D. and C.D. are not maintained by the Excise Officers as only State complaint is preferred. The case property is duly sealed condition. The wrapper has a level (D-19A) with the signature of the accused. The Excise Inspector has submitted that the seized property shall be sent for Chemical examination report and if the report in positive than he shall prefer a complaint. Heard, Perused the material on record. The accused remanded to judicial cu

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