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1951 Supreme(Cal) 111

DAS GUPTA, P.N.MUKHERJEE
PRATAP SINGH – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Harideb Chatterjee, MANISHI KUMAR DAS, MANMATHA NATH DAS

DAS GUPTA, P. N. MUKHERJEE

( 1 ) OF the present petitioners, one was put up on trial for an offence under Section 3 (1) and the other two for offence under Section 3 (1) read with Section 6, West Bengal Black Marketing Act, 1948. They were all acquitted of the charges. The Special Tribunal, however, passed an order direct, ing forfeiture by the Government of Umbrella Cloth Exs. II to VI in respect of which the offence under the Black Marketing Act was alleged to have been committed. This rule was directed against that order of forfeiture.

( 2 ) MR. Das appearing in support of the rule has contended firstly that the order of forfeitures cannot clearly be made under the provisions of the Black Marketing Act and secondly, that no such order can be passed under the General provisions of Section 517, Criminal P. C. Section 3, Black Marketing Act which provides for the punishment for the offence of black marketing provides further that in addition to any other punishment, the Court before which a person is convicted of the offence of black marketing shall order the forfeiture to Government of the goods or things in respect of which the offence of black marketing was committed or an equi


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