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1983 Supreme(All) 186

M.WAHAJUDDIN
NATHOO MAL AGARWAL – Appellant
Versus
STATE OF U. P – Respondent


Advocates Appeared:
NATHU LAL, V.P.Goel

M. WAHAJUDDIN, J.

( 1 ) THE applicants have come forward with a prayer that the F. I. R. dated 21. 7. 1983 and further proceedings in case crime. No. 204 of 1983 P. S. Sashni Gate, Aligarh, may be quashed. A prayer for restraining the arrest of the applicants has also been made.

( 2 ) THE F. I. R. of the case recites that the maker of the report accompanied by some others was on 20. 7. 1983 at about 9 P. M. carrying checking of the vehicles at Sashni Gate Chraha, Aligarh appertaining to Essential Commodities. During such checking in the night intervening 20. 7. 1983 and 2 1. 7. 1981 about 2. 30 A. M. truck No. UTL 9240 arrived from the direction of Aligarh. 150 bags of rice common Arwa was found therein. The truck was being taken from Meerut concern mentioned therein for Ahgarh concern. Besides the driver and cleaner there were some other persons in the truck. On demand certain papers were furnished and it was also given in writing thatthere were no other papers with the persons concerning rice. There were no papers concerning giving of levy nor release certificate. A memo was prepared and contravention of the concerned licence order etc. has been made and offence under Section 3/7




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