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1969 Supreme(All) 20

D.D.SETH
Laxmi Narain – Appellant
Versus
State – Respondent


Advocates appeared:
K.K. Bajpai and Man Mohan Srivastava, for Applicant;
K.C. Dhulia, for Opposite Party.

JUDGEMENT

This reference has been made by the learned Additional District Magistrate (J.) Etawah. The facts of the case are that Sri Maharaj Singh, Marketing Inspector at Auraiya, district Etawah, was informed in the afternoon of 19th December 1966 that the two applicants had sold 25 kntls. and 45 kgs. of pea on 17th December 1966 to M/s. Shyam Lal, Sri Govind, which was a food grain licensee at Auraiya. The Marketing Inspector was further informed that the applicants did not possess a license for dealing in food grains. The applicants are the partners of the firm known as Laxmi Narain Ram Narain. Against both the applicants charges were framed by the learned Magistrate 1st Class, Etawah, on 22nd April 1967 on the statement of Maharaj Singh, Marketing Inspector, Auraiya. The learned Magistrate framed the charges against the applicants for having contravened Cl.3 of the U.P. Food Grains Dealers Licensing Order 1964 and thus were punishable under Section 7 of the Essential Commodities Act. These charges, as already stated above, were framed on 22nd April 1967. Against the order framing the charge against the applicants the applicants preferred a revision which was heard by the learned











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