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1997 Supreme(MP) 474

TEJ SHANKAR
KHAGESH KUMAR GOEL – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
M.M.Qureshi, N.K.MODI, Sanjay Gupta

TEJ SHANKAR, J.

( 1 ) THESE three Revision petitions arise out of three different cases against the present petitioner. As they raise common questions of law, they have been heard together and are being disposed of by this common order.

( 2 ) THE facts on the basis of which the petitioner has been prosecuted under Section 3 r/w Section 7 of the Essential Commodities Act and violation of Section 19 of the Fertilizer Control Order 1985, in the aforesaid three different cases are also more or less similar.

( 3 ) IT is alleged that Raghuveer Saran Gupta non-petitioner No. 2 was proprieter of M/s. Raghuveer Saran. Arun Kumar, a dealer in fertilizers at Dinara (326/96) Satish Kumar Jain, non-petitioner No. 2 was proprieter of M/s. Vivek Traders, a dealer of fertilizers at Pohri (327/96) Hukum Chand Nagaria, non-petitioner No. 2 was proprieter of M/s. Jwala Prasad Hukum Chand, a dealer in fertilizers at Sirsaud (328/96 ). There was a stock of Vishwas Brand Single Super Phosphate (In short SSP) with the said proprieters and sample was taken on different dates in the aforesid three cases and it was sent to the fertilizer analyst for examination. A report dated 4-9-1995 was received and accor















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