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1994 Supreme(Raj) 456

B.R.ARORA
STATE OF RAJASTHAN – Appellant
Versus
PRAKASH CHANDRA – Respondent


Advocates Appeared:
B.S.BHATI, CHAVAND DAN SANDU, R.Chauhan, SURESH KUMBAHAT

Judgment


B. R. ARORA, J.

( 1 ) THIS revision petition is directed against the order dated 14-7-1992, passed by the Special Judge, Essential Commodities Act Cases, Udaipur, by which the learned Special Judge dis charged the accused-respondents for the offence under Section 3/7, of the Essential Commodities Act (for short, the Act) and further observed that the offences under Sections 406, 467, 468 and 120-B, I. P. C. are not summary triable and, therefore, if the State so likes, it may file the charge-sheet against the accused in the competent Court.

( 2 ) THE brief facts of the prosecution case are that on 22-10-1984, Bhanwar Singh, Assistant Sub-In spector of Police, Police Lines, Udaipur, was on patrolling duty in connection with Deepawali festi val. While he was in Bapu Bazar, Udaipur, he was informed by one Mukhbir that fifty-seven bags of sugar were released by the "rajasthan Janjaati Vikas Sahkari Sangh, Udaipur, to the dealers Prakash Chandra, Kanti Lal, Hari Sing, Kalu Lal, Prem Mohan and Kamal Kumar for distribution to the consumers in the tribal areas of Jhalod, Badrana, Damna, Amaliya and Nichli Sigri (Falasiya ). These dealers, instead of distributing the sugar to the c










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