JAGDISH PRASAD AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) THE prayer of the petitioner is to command the respondents to release the amount deposited in Criminal Head along with the interest thereby and also to refund security money.

(2.) IT appear that case Crime No. 132 of 1981 under Sections 3/7 of the Essential Commodities ACL Police Station Kotwali, Town Azamgarh was registered on the written information of the Supply Inspec tor, Azamgarh against the petitioner, allegation inter alia, that the informant alongwith others conducted a raid at the licensed cement shop of the petitioner; that at the time of the raid the petitioner was present; that the licence was not dis played at the front portion of the shop as per the terms of the licence and thereby Term No. 1 of the licence has been vio lated; that as per the Stock Register there should have been 484 bags of cement in the godown but on its inspection 505 bags of cement were found thereby there were 21 bags of cement in excess; that even though the standard weight of the bags should have been 50 kilogrammes, after weighing weight of 5 bags was found in less and thereby the petitioner has violated the licence granted under the U. P. Weight and Measures Act and the U. P. Cement Con trol Orders, 1973 which is an offence under Section 7 of the Essential Commodities Act.

(3.) MR. A. K. Shukla, learned Counsel appearing in support of this writ petition, contended that in the facts and cir cumstances the petitioner is entitled to the reliefs claimed for.