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2018 Supreme(Chh) 388

SANJAY K.AGRAWAL
Nisar Hussain, S/o Shri Sadiq Hussain – Appellant
Versus
State of Chhattisgarh, through the Secretary – Respondent


Advocate Appeared:
For the Petitioner:Mr. B.P. Sharma and Mr. Hari Agrawal, Advocates.
For the Respondent:Mr. Ratan Pusty, Govt. Advocate.

ORDER :

1. The jurisdiction of this Court under Article 226 of the Constitution of India has been invoked by the petitioner herein stating inter alia that the petitioner is a scrap dealer running his business in the name and style of Nisar Traders and his shop situated at Hirri Mines, Parsada, District Bilaspur has been locked and sealed by respondent No.4 without jurisdiction and without authority of law, it may be directed to be unsealed by issuance of appropriate writ or direction.

2. This Court has directed the State to file affidavit on 5-7-2018 and affidavit has been filed by the State relying upon the provisions contained in Section 102 of the Code of Criminal Procedure, 1973 (for short, 'the CrPC') stating inter alia that shop of the petitioner has been sealed for the reason that the properties stored in the shop in relation to which there existed suspicion of some cognizable offence having been committed in relation thereto, could not be conveniently transported to some other place or because of the difficulties in securing proper accommodation for the custody thereof. The petitioner has suppressed the fact that he has been served with notice under Section 91 of the CrPC.

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