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2022 Supreme(Raj) 2318

DINESH MEHTA
Raman Lal – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
L.D. Khatri, Advocate., for the Appellant
Gaurav Singh, PP., for the Respondents

JUDGMENT

Dinesh Mehta, J. - By way of present petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), the petitioner has challenged the proceedings pending against him in criminal case No. 392/2016 in the court of learned Chief Judicial Magistrate, Jaisalmer (hereinafter referred to as 'the trial court').

2. The petition has been filed essentially on the ground that the petitioner cannot be tried for the same offence for which he has once been tried and acquitted. According to the petitioner, such proceedings are not only contrary to Section 300 (1) of the Code but also amount to violation of Article 20 of the Constitution of India.

3. Backdrop facts relevant for the present purposes are that pursuant to receiving information from secret informer on 25.07.2007, the Additional Superintendent of Police, Jaisalmer searched petitioner's shop running by the name of M/s. Gayatri Trading Company and found some misbranded and adulterated ghee stored/stocked in the shop.

4. In furtherance of the inspection so made, an FIR No. 220/2007 dated 26.08.2007 was registered at Police Station Jaisalmer for the offences punishable under Sections 420, 472, 482

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