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1996 Supreme(Pat) 14

P.K.DEB, SURINDER SARUP
Britannia Industries Ltd. And Another – Appellant
Versus
State Of Bihar – Respondent


Judgment

P.K.Deb, J.

1. This writ petition has been filed by the abovenamed petitioners for quashing the seizure of the raw materials being Vanaspati, wheat flour and Sugar by the seizure list (Annexure 4) by respondent No. 3 on 15.5.1990 on the ground of violation of the Bihar Trade Articles (Licenses Unification) Order, 1984 (hereinafter to be referred to as the Unification Order).

2. The grounds for seizure were mentioned in the seizure list and also in the first information report lodged with Chakradharpur Police Station which may be mentioned here:

(i) the stocks of both the Companies were found lying in the same place:

(ii) the stock registers were not found certified and appeared to have been written at one stroke;

(iii) certain volumes of stock receipt notes of Britannia Company, petitioner No. 1, were not produced for verification and though at the back of the stock register it was endorsed that stocks are transferred to petitioner No. 2 but the aforesaid stock register does not justify the fact that: (a) there has been no display of stocks and prices of the raw materials found in the factory premises; and

(b) the raw materials were found stored in excess of the storage lim


















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