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1990 Supreme(HP) 154

BHAWANI SINGH
SUDHIR KUMAR ARYA – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
In Cr. M. P. (M) No. 180 of 1990 :For the petitioner:D. D. Sud, Advocate. For the respondent(s):Shri Rain Murti Bisht, Law Officer for Respondent No. 1. In Criminal Revision No. 11 and 12 of 1990:For the petitioner:Shri A. K. Goel, Advocate. For the respondent: : Shri Ram Murti Bisht, Law Officer.

JUDGMENT

Bhawani Singh. J -These petitions are being decided by this judgment, since the prosecution case against them has similar pattern and Counsel for the parties also argued them together.

2. Briefly, the allegation against the petitioners is that Director of Industries, Himachal Pradesh, on the assessment of the demand by Industries in the State, used to place the requirement of steam coal and hard coke, before the Director Movement, Railway Board, Eastern Railway, Calcutta. As a result of this, wagons for the supply of these commodities were allocated each year. The Himachal Pradesh State Small Scale Industries and Export Corporation was appointed agent by the Director of Industries and information regarding the movement of coal wagons from coal fields alongwith allocation of quota of coal used to be supplied to this Corporation by the Director of Industries. Initially, this Corporation acted as handling agent of the Director of Industries and used to come to Chandigarh for the purpose and then distribute the same to various industrial units located in the State. Due to the short fall of railway wagons, the quota of coal allotted to the .State, used to lapse every year. It wa










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