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1997 Supreme(Raj) 731

M.A.A.KHAN
Mukesh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
A.S. Shekhawat and S.S. Naruka, for Appellant
G.C. Vyas and S.M. Poddar, Public Prosecutors, for the Respondents

Judgment

M.A.A. Khan, J.-As common questions of law of considerable significance are involved in both these petitions under Section 482, CrPC these are disposed of by this common order.

2. In S.B. Cr. Miscellaneous Petition No. 215 of 1997 Mukesh petitioner is alleged to have been found on 26-3-1989 keeping in his possession in a godown at 22, Godowns Factory Area, Jaipur 15 drums containing different kinds of petroleum products like mobile oil, greese liquid and black-hard and solid black oil, soap wash etc. with certain instruments and utensils to be used in preparing adulterated petroleum products. He was possessing no license to deal in petroleum products. He was, therefore, accused of having contravened clauses 3 and 4 of Lubricating Oil and Greese Order 1987 punishable under Section 7 of the Essential Commodities Act 1955 (The Act). A police report under Section 170/173, CrPC was made against him to the Special Judge (Essential Commodities Act) Cases on 1 -3-1993 and on the same day the learned Special Judge took cognizance of the case. Particulars of the offence and substance of accusation were read over and explained to the petitioner on 3 1-5-1993 but after recording the e


























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