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1979 Supreme(MP) 78

J.P.BAJPAI
Haru – Appellant
Versus
State of Madhya Pradesh – Respondent


JUDGMENT :

( 1. ) THE unusual and peculiar facts giving rise to this revision are that the Sub-Divisional Officer (Civil)", Pichhore. happened to seize the total stock of 101 quintals of wheat from the possession of the present applicants. The seizure was effected in exercise of the powers conferred on the SDO (C) by virtue of the provisions of the Madhya Pradesh Wheat Stock Requisitioning Order, 1973, made by the State Government by virtue of the powers under the Essential Commodities Act. The provisions of the control order referred above authorised the SDO (C) to requisition the stock of wheat which may be in excess of 20 quintals. At the time of seizure of the respective portions of the stock from their possession, each of the applicants made a clear statement before the SDO (C) that the said stock of wheat did not belong to them and actually belonged to one Baijnath who had kept the same in their house. It appears that in order to avoid the requisitioning and the consequences of breach of the control order, Baijnath. when asked by the SDO (C) found it convenient to say that the said stock of wheat did not belong to him. Being faced with this situation that the persons from whos








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