Court : Orissa
Reported in : AIR1952Ori52
Jagannadhadas, J. 1. These two applications raise almost identical questions for consideration & are accordingly deals with by this common judgment. The petitioner in cri. Misc. case No. 36/51 is one Ratanlal Gupta & in Cri. Misc. No. 37/51 is one Aska Ram Somani. 2. These two petitioners were arrested at about 3 A. m. early morning of 16-3-51 at Berham-pur. This arrest was consequent upon investigation which followed a report received by the Sub-Inspector of Govt. Railway Police from the Sub Inapector, Town Police. The petitioners were produced on the 16th itself before the Sub Divisional Magistrate under police custody with a forwarding report that they were found smuggling 1467 yards of cloth from Berhampur at the railway station & are believed to have committed an offence under Section 7 of Act XXIV [24] of 1946. They were remanded to custody till 28-3-51. Meanwhile on 17-3-61 the petitioners moved for bail. This was opposed on the ground that the offence was presumed to relate the...
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