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State of Uttar Pradesh & Anr. vs. Akhil Sharda & Ors. (SC)

46.00 4.60

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Penal Code, 1860–Sec. 406–FIR–Quashed of High Court–Justification–Opinion of High Court that the allegations are very serious and these require further investigation–It also directed to conduct the investigation by CB-CID–Allegation of missing two trucks at the begining of the investigation–When during the investigation, it was alleged that earlier also a number of trucks were missing transporting contraband goods, the FIR should not have been
restricted to missing of the two trucks–Observation of High Court that there was no loss to the Excise Department was not a ground for quashing the FIR–Allegations of larger conspiracy was not appreciated–Impugned judgment and order passed by the High Court deserve to be quashed and set aside.