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1986 Supreme(Cal) 447

MANORANJAN MALLICK
SATYA N. DEY – Appellant
Versus
STATE – Respondent


Advocates Appeared:
S.N.TALUKDAR, Tapaskar

MANORANJAN MULLICK J.

( 1 ) THIS revision petition is directed against the order dated 2/7/1981 passed by the Ld. Sub-divisional Judicial Magistrate, Arambagh, Hooghly in D. G. R. Case No. 78 of 1979 under section 7 (1) (a) (ii) of the Essential Commodities Act for violation of provisions of West Bengal Rice and Paddy (Licencing and Control) Order 1967. The facts are briefly as follows.

( 2 ) ON 5. 12. 1979, the petitioner was arrested by police for alleged violation of Para2 (a) of the West Bengal Rice and Paddy (Licencing and Control) Order 1967 which is punishable under Section 7 (1) (a) (ii) of the Essential Commodities Act. The police, after investigation, submitted charge-sheet against the petitioner and on the basis of the said charge-sheet, the Ld. . Magistrate took cognizance on 9. 7. 1980, On 6. 2. 1981, the petitioner moved a petition before the Ld. Sub- divisional Judicial Magistrate, Arambagh praying for discharging him from the case on the ground that the case was triable under Summons case and since the charge sheet was not submitted in this case within a period of six months from the date of arrest, the continuation of the Investigation beyond the statutory period





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