Orissa Court December 1972 Judgments
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Batakrushna Naik Vs. Khageswar Kunda and ors.
Court: Orissa
Decided on: Dec-01-1972
Reported in: 39(1973)CLT152; 1973CriLJ1050
ORDERR.N. Misra, J.1. The second member of the second party is the petitioner. He assails the final order in the proceeding under Section 145 of the Code of Criminal Procedure terminating against him.2. Two questions were raised by Mr. Dhal for the petitioner. Firstly, it is contended that a proceeding was initiated under Section 144, Criminal Procedure Code by order dated 17-4-1970 at the instance of the first party who has succeeded. Therein while dispossession was admitted, the date of dispossession was not indicated. The proceeding was converted to one under Section 145 of the Code of Criminal Procedure by order dated 13-5-1970. It is contended, therefore, that dispossession being more than two months prior to the preliminary order in the proceeding under Sub-section (4) of Section 145, Criminal Procedure Code, the learned Magistrate was obliged to find possession of the second party-petitioner.3. Mr. Sinha does not agree that there has been admission of dispossession. It is not ne...
State at the Instance of Deputy Collector, General Excise Vs. Smt. Gee ...
Court: Orissa
Decided on: Dec-01-1972
Reported in: 1973CriLJ1741
ORDERR.N. Misra, J.1. Both these revision petitions arise out of a common appellate order of the learned Sessions Judge of Ganjam at Berhampur. The first case is at the instance of the Deputy Collector, Central Excise, Bhubaneswar, while the second one is by the widow of the accused claiming as his legal heir.2. One Satyanarayan Agrawala was travelling by the Madras-Howrah Express to Cuttack on 13-9-1964. The Central Excise staff boarded that train at Berhampur and travelled in the same compartment which was occupied by the accused on getting some information that contraband gold was being carried by the accused. The luggage of the accused was searched. The prosecution alleged that a bag belonging to the accused containing currency notes amounting to Rupees 21,201.00 and 15 gold tablets each weighing 10 tolas was found from the possession of the accused. Thereupon on the complaint lodged by the Deputy Collector of Central Excise and Customs the accused was prosecuted for offences punis...
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