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1979 Supreme(Mad) 325

VARADARAJAN
K. Balan – Appellant
Versus
Government of India – Respondent


Advocates Appeared:K.R. Natarajan, Mr. M. Francis Rayan, Mr. U.N.R. Rao, Advocates.

Judgment :-

This writ petition filed under Article 226 of the Constitution of India is for the issue of awrit of certiorarior any other appropriate order calling for the records relating to the orders of respondents 1 to 3, bearing F. No. 196/19/76-CX V, Government of India, Department of Revenue and Banking dated 11-3-1977, No. 14 of 1976, dated 24-1-1976 and C. No. V/38/15/2/74 CX -Adj. II, dated 29-8-1974, respectively and quashing the same.

2.The petitioner, K. Balan, is the proprietor of a match factory situate at Salapalayam, Pollachi Taluk, and he manufactures matches on cottage industry basis, after obtaining the necessary licence from the Central Excise department. On 5-9-1973, at about 2.30 p.m. the Superintendent of Central Excise, Divisional Preventive Branch, raided the factory. During the raid, it was alleged that 34 gross boxes of matches were in excess of the stock with reference to the stock register, that a man running away from the factory with 15 kgs. of pottassium chlorate was stopped and the material was recovered from the man who is alleged to be an employee of the petitioner, that the raiding party went into the tiled house situated in front of the factory an














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