Cr. p. c. sec.300,

Gaurav Pandya (Querist) 19 September 2011 This query is : Resolved
In year 2007,

X is found to sell wheat, rice unauthorised (price Rs.7m940/- only) from Fair Price Shop.

District Magistrate had Ordered for (x) guilty.

Prevention of Black Marketing (PBM Board) has sent his to the Jail.

He approached to High court and released after 142 days.

Now, in 2011,

his Criminal Case is opened and x served with summons for same offence for which he jailed.

Now the questions are :

(1) Can X get benefit of Cr. P. C. sec.300 ?

(2) PBM board is in definition of Court or Admisory Function ?

(3) Are there any citations of any high court ?

(4) Does he have to file discharge application ?

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SAANJAAY GUPTAA (Expert) 19 September 2011
The answer is in your questio as x was released on bail by high court now the case fixed for trial and notice issued for appearence and supply of copy of chargesheet, after going through it you may take decision.

Guest (Expert) 20 September 2011
Agree with Shri Sanjay Gupta.

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