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1989 Supreme(Pat) 433

S.N.JHA
Uttam Kumar Sharma – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioners: M/s M. M. Banerjee & R. Chatterjee.
For the State : M/s J. P. Roy; Barnwal S. Lal

JUDGMENT

Surendra Narain Jha, J.-Both these application were heard together and they are being disposed of by this common judgment as common question of law is involved in these applications.

2. The short facts which led to the filing of Cr. Misc. No. 3201/1985 (R) are as follows. A fardbeyan was lodged on 5.6.85 by the Officer Incharge of Chirkunda Police Station alleging, inter-alia, that on the basis of a secret information, the factory premises of M/s. Lakshmi Narain & Brothers was inspected. It was stated that a truck was being loaded with burnt coal. The coal in question belonged to the petitioner and the same was being transported to Calcutta. The truck and burnt coal were seized by the informant On the basis of the aforesaid allegation, Chirkunda P. S. Case No. 94/1985 was registered, a copy of which is Annexure-1 appended to this application.

3. According to the petitioner's case, he was running a business under the name and style of M/s. K. K. Enterprises and the said firm was awarded contracts for lifting of kiln burnt ash by M/s. Sharad Refractories, M/s. Associated Ceramics Pvt. Ltd. and M/s. Chirkunda Ceramic Works. As per the terms of the aforesaid contracts, the petiti





















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