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1988 Supreme(Ker) 321

THOMAS
CHANDRABABU – Appellant
Versus
SUB INSPECTOR OF POLICE – Respondent


Judgment :-

1. The appellant stands convicted for the offences under S.7(1) (a) of the Essential Commodities Act, 1955 read with Clause.3 of the Kerala Edible Oil Seeds, Edible Oils, Vanaspati and Baby Food Dealers' Licensing Order, 1975 (for short'the Order'). There were two accused in the trial court and the appellant was the first accused. The other accused was acquitted by the trial court.

2. The Sub Inspector of Police, Nadakkavu Police Station, received information at 10.30 p.m. on 31-5-1984 that an autorikshaw carrying palm oil was stopped and detained on the public road by some people alleging that the movement of the oil was in violation of law. The Sub Inspector along with the police party went to the spot and seized two barrels of oil wrapped in gunny bags and kept in the autorikshaw (KRZ 1924). When samples from the barrels were analysed by the chemical examiner, it was revealed that the barrels contained soya bean oil. The case was charge sheeted on completion of the investigation alleging that the two accused were clandestinely transporting soya bean oil in violation of the provisions of the Order. According to the prosecution, the oil belonged to the second accused. T









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