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1981 Supreme(Cal) 279

N.C.Mukherji, N.G.Chaudhuri
Ranjit Chatterjee – Appellant
Versus
Ram Badan Choubey – Respondent


Advocates:
Advocate Appeared:
Amal Chatterji, Mukti Maitra, Patina Pratim Mukherjee, Shyamali Banerji

JUDGMENT

1. THIS is an appeal against an order dated 13. 5. V passed by B. C. Basak, J, issuing a rule for contempt in C. R. No. 3072 (W) of 1981 and directing the appellants (alleged contemners) to restore whatever coal and whatever other articles were seized and removed on 23. 4. 81, 28. 4. 81 and 29. 4. 81 within 7 days from the date of service of the copy of the said order. The appeal has Been filed on the ground that as the coals, machineries and other implements for extraction of coals have been seized by the officers of Barbani Police Station in connection with three criminal cases, instituted on the complaint of the Chief Mining Officer, asansol under section 30 (2) of the coal Mines (Nationalisation) Act, 1973, the order of the Trial Judge issuing a rule for contempt and the Order directing return of the said coal and other articles to the accused in the three police cases during investigation are wholly illegal and against the provisions of the said Act and in clear violation of the judgments of the Hon'ble Supreme court.

2. THE next ground taken is that the action of Rambadan Choubey (the petitioner in Contempt Cases), an accused in three police cases, is wholly malafid













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