Showing posts with label Mhowa flower. Show all posts
Showing posts with label Mhowa flower. Show all posts

Sunday, 26 May 2013

Principles which Magistrate should follow for releasing Mhowa flower on Supratnama


 The learned Judicial Magistrate  was under obligation to consider 

(i)
the following issues :­
Whether   the   notification   issued   by   the   State   Government     was 
applicable to the  area  where the alleged contraband was found;
(ii)
Whether the Mhowa flowers  prima facie   appear to be the crop of the 
area where it  was found   or it was prima facie imported from other States like 
(iii)
Madhya Pradesh, Chhatisgarh;
Whether the petitioner   has     prima facie     established   that he   had 
capacity   to grow so much  quantity of Mhowa flowers in his field  where  he 
claims to have 50 trees of Mhowa,
Whether the petitioner  has documents to establish prima facie that part 
(iv)
of the  Mhowa flowers  were purchased by him from the local market. 


IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 BENCH AT NAGPUR, NAGPUR.

CRIMINAL  WRIT PETITION NO.  534  /2012 

Manohar  Gopal Kanoje  Vs  The State of Maharashtra 


CORAM:   M.L.TAHALIYANI,  J.
DATED :   23rd  November,    2012
Citation;2013 ALL M R (CRI)1375
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