Single-paragraph miscellaneous application allowing listing of an appeal against a termination order in a sugar smuggling case. The appeal, which had not yet been admitted, was dismissed by the Court.
Permission to prefer the appeal was denied; appeal dismissed as not yet admitted.
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Court No. - 24
Case :- GOVERNMENT APPEAL No. - 2089 of 1985
Appellant :- State Of U.P. Respondent :- Autar Singh Counsel for Appellant :- A.G.A. Counsel for Respondent :- Prem Prakash
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard learned A.G.A. for the State.
This miscellaneous application for seeking permission by the State to prefer the appeal. However, no orders are passed except listing with the previous papers. This appeal has not yet been admitted.
"That on 6.9.1980 S.D.M., Dadri along with local police and Senior Supply Inspector and other staff raid the firm 'Jaipur Goldrn Rajasthan Prem Krishna Transport Company Giani Border, Sahibabad, Ghaziabad. At the time of raid, Sri Avtar Singh an employee of the firm was present there. On being searched out, 571 bags of Khandsari Sugar were covered from one of the godowns and thereafter, the other godown was searched out at the pointing of Sri Avtar Singh from where 2489 bags of Khandsari were recovered.
That after competing the necessary formalities regarding preparation of recovery memo, so recovered Khandsari was seized in both the godowns and two constables were deputed on each godown. Sri Avtar Singh was asked to explain the storage of the Khandsari and he told that the papers are present in the office of the firm and handed over some papers, which could explain the storage of 627 bags only and remaining 2433 bags could not be explained.
That the S.D.M. Dadri lodged a written report at the police station and accordingly a case under section 3/7 of the Essential Commodities Act was registered at Sahibabad police station and the police started investigation. However, the investigation was handed over to E.O.W.C.I.D. Meerut."
Hence, the appeal is dismissed.
Order Date :- 11.10.2018 Praveen
1 issue framed by the court
Whether permission should be granted to the State to prefer an appeal against a single-paragraph order dismissing the appeal.
State of U.P.
Autar Singh
Kaushal Jayendra Thaker
As recorded by the court registry
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