STATE Vs. OMKAR PRASAD

JUDGEMENT

(1.) This is an application under Sec. 482 Code of Criminal Procedure filed by the State of U. P. praying that the order of the Sessions Judge, Basti passed in Criminal Appeal No. 202 of 1980 and the entire proceedings in the said appeal be quashed.

(2.) It appears that on 29 -8 -1980 803 bags of wheat were seized from the seven wagons in the railway goods shed of railway station Basti and 824 bags of wheat were seized from the railway goods shed of Basti for the contravention of Paragraph 3 of U. P. Food Grains Dealers (Licencing and Restriction of Hoarding) Order, 1976 by the Additional District Magistrate, Basti and a first information report was lodged by him at Police Station Kotwali on 30 -8 -1980 under Sec. 3/7 of the Essential Commodities Act (hereinafter referred to as the Act).

(3.) The Collector, Basti passed the under mentioned order on 31 -8 -1980: