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1983 Supreme(Gau) 9

T.N.SINGH
State of Assam – Appellant
Versus
Hanuman Prasad Sarma – Respondent


Advocates Appeared:
C.R.De, N.M.Lahiri, S.K.choudbury

The First Information Report that was lodged on 12.9.77 at the Silchar Police Station by one S.S. Baniwal of Assam Bengal Carrier was to the effect that one of their trucks which was loaded on 5.9.77 from their Lala Bazar Branch with "185 Chests Tea" under specific gate passes and invoices of that date of Dholai Tea Estate for carriage to Gauhati had not reached its destination until 11.9.77 and it was stated that there may be "some foal play by the driver of the vehicle" for which the matter was required to be investigated.

2. The police registered a case on the basis of the written report against the driver of the truck under sections 406/407 of the Indian Penal Code for investigation. Eventually, the police, after a lapse of more than twenty months, submitted charge sheet on 8.6.79 against ten persons, including the petitioner under sections 406/407/411 IPC. In the course of investigation the police seized, under two separate seizure lists, on 26.9.77, almost three weeks after the truck had left Silchar, according to the F.I.R., two lots of tea leaves packed in bags from the north eastern side room on the first floor of a three storied R.C.C. Building at Silchar Town which belong





























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