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2022 Supreme(Raj) 786

PUSHPENDRA SINGH BHATI
State Of Rajasthan Through The Secretary, Food And Civil Supplies Department – Appellant
Versus
Bhanavi Agro Pvt. Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Karan Singh Rajpurohit, Mr. Rajat Arora
For the Respondents: Mr. Dhirendra Singh, by Ms. Priyanka Borana

JUDGMENT :

1. This Criminal Revision Petition under Section 397/401 Cr.P.C. has been preferred claiming the following reliefs:-

    “It is, therefore, most respectfully prayed on behalf of the petitioners that this revision petition may kindly be allowed and the impugned order dated 13.08.2015 passed by learned Sessions Judge, Udaipur may kindly be quashed and set aside. Any other relief which this Hon’ble court, deems, proper may kindly be given in favor of the petitioner”.

2. Brief facts of the case as placed before this Court by learned counsel for the State-petitioners are that the respondents were found to be in possession of sacks of imported food grains, namely red wheat, and that the same was used for manufacturing processed flour. On information being received by the concerned State authorities, that the respondents were engaged in black market activity and illegal sale/purchase of the red wheat, a raid was conducted and the said food grain was seized. Pursuant thereto, the District Collector, Udaipur initiated proceedings under Section 6A (1) of the Essential Commodities Act, 1955 (hereinafter referred to as ‘Act of 1955’). And that the respondents were found to be flouting the

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