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1975 Supreme(Pat) 52

NAGENDRA PRASAD SINGH, S.ALI AHMAD
Lowa Tanti @ Loba Tanti – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
In Cr. W.J. Co. 17/75 For the petitioner: Messrs Ramnandan Sahai Sinha and Lala Sachindra Kumar.
For the State : Mr. Tara Kant Jha, Standing Counsel No. 1 and Mr. Sachchidanand Jha, Junior Counsel to Standing Counsel No. 1.
In Cr. Misc. 2458/74 :For the Petitioner: Messrs A. K. Datta and Rajendra Prasad.
For the State : Mr. T.K. Jha, Standing Counsel No. 1. Mr. Mahabir Choudhary

JUDGMENT

Nagendra Prasad Singh, J.

The petitioner in both these applications is Lowa Tanti alias Loba Tanti. He has filed the two applications, one under Articles 226 and 227 of the Constitution of India and the other under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code'), in the following circumstances :

2. On the 6th August, 1974 a flying squad, consisting of Shree S.N. Kanth, Deputy Collector, Baghmara, Shree K. K. Sharma, Sub-Inspector of Police, Shree Nizam Khan, Assistant Sub-Inspector of Police, Katras Police-Station, Shree T. P. Jaiswal, Assistant Marketing Officer, a Supply-Inspector and two constables, conducted a raid in the house of the petitioner. On search, 142 bags of food grains, such as rice, paddy and gram, weighing 132 quintals 34 Kgs. 500 grams, were recovered from the house of the petitioner. They further discovered that the petitioner was not holding any licence under the Bihar Food-grains Dealers' Licensing Order, 1967 (hereinafter referred to as the Licensing Order), and, as such, he was liable to be prosecuted under section 7 of the Essential Commodities Act, (hereinafter referred to as the 'Act'). The entire stock wa

































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