Y S KHAJA HUSSAIN Vs. STATE INSPECTOR OF POLICE VIGILANCE C5 DEPARTMENT
HIGH COURT OF ANDHRA PRADESH
Y S KHAJA HUSSAIN
STATE INSPECTOR OF POLICE VIGILANCE C5 DEPARTMENT
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(1.)CRI. M. P. No. 836 of 1970 is filed under Section 561-A of the Code of Criminal Procedure seeking the quashing of the proceedings in C. C. No. 7 of 1970 Crime No. 226 of 1969 on the file of the Judicial First Class Magistrate. Gooty and Crl. M. P. No. 840 of 1970 is filed under the same provision of law requesting this court to quash the proceedings in C. C. No. 8 of 1970 Crime No. 227 of 1969 on the file of the said Judicial First Class Magistrate Gooty.
(2.)THE point involved in both the cases being the same these two criminal proceedings can be disposed of by a common judgment.
(3.)C. C. No. 7 of 1970 proceeds on the footing that Section 4 of the Andhra Pradesh Gift Goods (Prevention of Unlawful Possession) Act. 1965 was violated and the material portion of the charge sheet reads as follows:
The accused noted in the margin are residents of Guntakal. The House bearing Door No. 18/824 in Guntakal I town Police Station limits is in possession and enjoyment of the accused 1 and 2 and they are in over-all control of that house. On 16-12-1969 at about 1 P. M. P. W. 9 searched a portion of the house 18/824 in the possession and control of the accused. In the locked portion were found 15 full original seals and packings of the manufacturer. Each carton contained about 23 litres of oil along with other articles. The Soya Bean Oil is a sift goods not available for sale in the market. The said oil along with other articles which were found in the room in the possession and control of the accused were seized by P. W. 9 in the presence of P. Ws. 6 to 8 and others. Accused No. 2 who was present at the time of search could not give any valid explanation for the gift goods in the house. The accused have thus been in possession of gift goods i. e. 15 full cartons and 4 tins of Soya Bean Oil in contravention of Section 4 of the Andhra Pradesh Gift Goods (Prevention of Unlawful Possession Act. 1965 and is hence liable for punishment under the Section 4 of that Act. Charge sheet in C. C. No. 8 of 1970 also runs practically on the same lines. The ultimate paragraph in that charge sheet reads as follows: The accused have thus been in possession of the cartons of Soya Bean Oil Gift Goods in contravention of Section 4 of the A. P. Gift Goods Prevention of Unlawful Possession Act. 1965.
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