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1967 Supreme(All) 417

GYANENDRA KUMAR
Ram Din – Appellant
Versus
State – Respondent


Advocates appeared:
P.N. Misra, For the Appellant /

ORDER

Gyanendra Kumar, J. - In this case the point of Jaw involved arises in the following circumstances:

On 11-1-1964 at about 2 p.m. Ram Sahai, Khandsari Inspector, along with N.P. Tyagi, Cane Development Inspector and certain members of the staff visited the Bel of Ram Din Applicant, which is situated in village Kurha Shahpur Police Station Qadarchowk. District Budaun. At that time the Applicant was not present in the village. However, his Munshi Babu Ram and two employees, Itwari and Munshi Ram, were present. At the Bel 12 Kolhoos were found working which were crushing sugarcane in order to extract juice. One big Bhatti was working there by which the juice of all the 12 Kolhoos crushers was being converted into Rab. It has not been challenged on behalf, of the accused that he had ho licence for running a Bel with 12 Kolhoos, which was necessary under Clause 3(1) of the UP Khandsari Sugar Manufacturers Licensing Order, 1963, which runs as under:

No manufacturer shall, without obtaining from the Licensing Authority, a license, in the form prescribed in, Schedule I, undertake or carry on any process connected with the manufacture of Khandsari Sugar by means of a power crusher, Bel or

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