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1960 Supreme(Raj) 306

SARJOO PROSAD, BERI
N. R. Desai – Appellant
Versus
T. N. Chaturvedi Collector, Ajmer – Respondent


Advocates Appeared:
V.P. Tyagi, for petitioner; Kan Singh, Government Advocate; M.B.L. Bhargava; N.K. Baijal, for respondent Shri Deena Nath Jain.

BERI, J.—This is a writ petition under Article 226 of the Constitution of India wherein the petitioner prays for a direction that 167 gunny bags of skimmed milk powder seized from him by the Sub-Divisional Officer, Ajmer be restored to him.

2. The facts material for the disposal of this petition as alleged are these. The petitioner carries on business in dairy products throughout India. On 10.8.1960, Shri Kajaria, Proprietor of Konar Enterprises, Jaipur sold and delivered 334 bags of 50 lb. each of skimmed milk powder to the petitioner for Rs. 36,000/-, who obtained a receipt for the payment. The petitioner, around the midnight of 12th and 13th August, 1960, was carrying this milk powder from Ajmer to Jaipur. In the course of transit 10 miles away from Ajmer, at Gagwana, this consignment of 334 bags was seized by the Sub-Divisional Officer, Ajmer. The petitioner says that the officer seized his milk powder as he was interested in another partys appointment as dealer in skimmed milk in the District. The petitioner was released on executing a personal bond and the matter was entrusted by the Sub-Divisional Officer to the police for investigation. The Petitioner contends that there is


















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