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1968 Supreme(Ker) 107

T.C.RAGHAVAN
State of Kerala – Appellant
Versus
C. K. Assainar – Respondent


Advocates:
State Prosecutor, for Petitioner; V. Nagappan Nair, for Respondent.

ORDER :-

The respondent, the accused in a crime before Perintalmanna Police Station, applied before the Munsif-Magistrate, Pattambi for an order directing the Collector to produce before Court the rice seized from him. The Taluk Supply Officer filed objections claiming that the Collector was not bound to produce the rice before the Munsif-Magistrate. The Munsif-Magistrate overruled the objection and passed an order directing the Collector to produce the rice. The State of Kerala has filed the revision petition against that order.

2. A lorry belonging to the respondent carrying 100 bags of rice capsized on 3rd March, 1968, at about 5 p. m. The police reached the scene and seized the rice and the lorry. The respondent and the lorry were produced before the Munsif-Magistrate the next day; and the 100 bags of rice were retained by the police to be produced before the Collector. The respondent was also charged under Section 279 of the Penal Code. The grounds on which the Munsif-Magistrate directed the Collector to produce the rice before him were that the case came within Section 523 of the Code of Criminal Procedure; and that under Section 6A of the Essential Commodities Act, the Collec








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