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2003 Supreme(P&H) 70

S.S.GREWAL
State of Punjab – Appellant
Versus
Sohan Lal – Respondent


Advocates Appeared:
For the Appellant : Mr. Ashish Sharma, AAG (Punjab).
For the Respondent:Mr. Vipan Ghai, Advocate.


JUDGMENT

S.S. Grewal, J. - This appeal is directed against the judgment dated 29.8.1989 passed by Shri M.L. Singhal, Special Judge, Patiala whereby the appellants had been ordered to be acquitted in Sessions Case No. 1 of 3.1.1989.

2. The prosecution case, in brief, is that on 25.6.1985, Shri Rajwant Singh, Fertilizer Inspector, Samana along with Shri Tarlochan Singh, Agriculture Officer raided the premises of M/s. Samana Agro Kheti Centre, Samana. He checked the godown of the said firm in the presence of Shri Tarlochan Singh, Agriculture Officer. There were 110 bags of Super Phosphate and also some bags of urea of Super Pooja Brand found lying. This fertilizer was manufactured by M/s. Moonak Chemical, Bathinda. He took six bags at random. These bags were lying stitched mechanically and those were polythene bags. Sampled quantity was taken out with a probe. Sampled quantity weighed 1500 grams approximately. Sampled quantity was placed on a clean paper and was thoroughly mixed. Sampled quantity was divided into three equal parts and each part was put in three clean and dry polythene bags. After each part was put in a separate dry and clean polythene bag, the said polythene bag was ag







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