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1974 DIGILAW 252 (SC)

Circle Inspector of Police v. Chemad Essential Oils And Allied Manufacturing Co.

1974-08-16

A.N.RAY, K.K.MATHEW

body1974
JUDGMENT : A.N. Ray, J. - In the facts and circumstances of this case, we are of opinion that the High Court should not have quashed the proceedings. However, we make it clear that we are expressing no opinion on the facts and rival contentions of the parties in this case. The matter will now be tried by the Munsiff Magistrate, Buntwal. After hearing the parties, he will allow M/s. Chemnad Essential Oils and Other Allied Manufacturing Company, Chemnad, Kasaragod, to take away sandalwood after leaving in the possession of the prosecution, representative samples for purposes of decision in this case. The Magistrate will examine all the quantities of sandalwood and then decide as to which portions can be or should bed kept as representative samples. 2. The sandalwood shall be taken i away by M/s. Chemnad Essential Oils and Other Allied Manufacturing Company, Chemnad, Kasaragod after furnishing security for the value of quantities removed. The security will be in such form and shape as the Magistrate decides. 3. The appeals are accordingly disposed of.