STATE OF ASSAM Vs. DHIRESWAR MALAKAR
HIGH COURT OF GAUHATI
STATE OF ASSAM
SHRI DHIRESWAR MALAKAR
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Saikia, J. -
(1.)The State of Assam appealed against the judgment of acquittal of the respondent of the charge under clauses 3 and 14 of the Assam Wheat (Regulation of Trade) Order, 1973.
(2.)On 5.10.74 the Inspector of supply seized 56 bags of atta from the respondent at Chaygaon when the latter failed to show any permit or order for keeping that atta. The offence report dated 2.6.75 stated that as the above quantity of atta was stored as suspected for sale without licence which was necessary at the quantity exceeded five quintals, therefore the respondent violated clauses 3 and 140) and (Hi) of the Assam Wheat (Regulation of Trade) Order, 1973 shortly the order Ext. 1 is the seizure list and Ext. 2 as the Zimmanama.
(3.)The trial Magistrate framed charge as under: That you on or about the day of 5.10.74 at Chaygaon were found in possession of 90 kg of atta in 56 bags without any valid authority in contravention of Rules 3 and 14 of the Assam Wheat (Regulation of Trade) Order, 1973 and thereby committed offence punishable under section 71 (U) of the E.C. Act The respondent pleaded not guilty to the charge.
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