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1977 Supreme(Pat) 118

MADAN MOHAN PRASAD
Maheshwari Oil Mill – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This is an application for quashing a proceeding arising out of a report by the Supply Inspector against the petitioner and further for quashing an order by which the Magistrate has refused to release certain goods seized from the petitioners business premises.

2. The petitioner is said to be a licensee under the Bihar Foodgrains Dealers Licensing Order (hereinafter to be referred to as the Foodgrains Order) and also under the Bihar Edible Oil Wholesale Dealers Licensing Order, 1968 (hereinafter to be referred to as the Edible Oil, Order). On the 1st July, 1975, it is said, the Supply Inspector, along with some others raided the business premises of the petitioner and found excesses and shortage in respect of maize, mustard oil, mustard seeds and salt. It is alleged that there was an excess of 6 kilograms of mustard oil kept in 41 tins; a shortage of one quintal 20 kilograms of maize kept in 70 bags, and also a shortage of 245 quintals 75 kilograms of mustard seeds and an excess of salt kept in 442 bags. The aforesaid figures are said to have been arrived at after physical verification with reference to the Stock Register in respect of mustard oil, maize and mustard seed



















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