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1974 Supreme(All) 223

P.N.BAKSHI
BHARAT MAHEY – Appellant
Versus
STATE OF U. P. – Respondent


JUDGEMENT

1. This application in revision has been filed on behalf of M/s. Hindustan Lever Ltd., Bombay against an order of the Judicial Magistrate, 1st Class, Meerut, dated 5th July, 1974, passed in Crime No. 390 of 1974, pending against the accused for offences under Sections 3/7 Essential Commodities Act read with Rule 114 of the Defence of India Rules. In connection with this crime 23,570 tins of Dalda of 2 kg. each and 4 tins of Dalda of 4 kg. each were seized on 15-6-1974 by the Police from the godown of M/s. Bishambhar Dass Devi Dayal, situate near Madhuri Cinema, on Meerut-Delhi road. The Station Officer, Police Station Railway Road submitted a report on 17th June, 1974, with respect to the seizure for obtaining orders for disposal of the ceased property. On 18th June, 1974, an application was moved under Section 451/459, Criminal Procedure Code on behalf of the Hindustan Lever Ltd., represented by Sri Bharat Mahe, Branch Manager, praying that the goods be released in favour of the Company, to whom they belonged. It was alleged in this connection that goods were stored in the godown of M/s. Bishambhar Dayal Devi Dayal, who were only the clearing and forwarding agents of the




































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