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1979 Supreme(Pat) 291

MEDINI PRASAD SINGH
Jiwachhlal Saraf – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: S.B. Sanyal, N.K. Grawal, R.P. Singh 'Rajesh' and J. Prasad Bhagat
For Respondents/Defendant: Prakash Narain Pandey, Purnendu Prasad Singh, Fanish Singh and P.P. Singh

JUDGMENT :

Medini Prasad Singh, J.

1. A trial being Special Case No. 12 of 1978 is pending before the Special Judge, C.B.I. Patna in Phulparas P.S. Case No. 30 dated September 30, 1973 initiated by one Subedar Singh. The petitioner Jiwachh Lall Saraf with six others are accused in that case. The main allegations against the accused are that they were exporting large quantities of Indian rice in the garb of Neal rice from Bihar to other States and in that connection they in conspiracy with each other committed various offences under Sections 120B, 419, 420, 465, 467, 468 and 471, Penal Code and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 at Ghoghardiha railway station of the district Madhubani and other places. The Investigation of this case was taken over by the C.B.I. at the request of the Government of Bihar which admittedly gave consent to the members of the Delhi Special Police Establishment (briefly, the S.P.E.) to exercise powers and jurisdiction in the whole State of Bihar for investigation of the above offences by ORDER :No. 2328/C dated 24 July 1974 as required by Section 6 of the Delhi Special Police Establishment Act, 1946 (the Act, for


















































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