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Vending of liquor is an obnoxious trade, says Chief Justice SahiChief Justice Amreshwar Pratap Sahi has held. However, after finding that the law does not prohibit locating of liquor shops on agricultural lands, the Bench, also comprising Justice Subramonium Prasad, said the shops could be established in buildings constructed on agricultural lands after ascertaining whether all necessary approvals had been obtained. The orders were passed on a writ petition filed by Mallasamy Nachimuthu, a resident of Mylambadi village in Bhavani Taluk of Erode district to close down a liquor shop established on an agricultural land. The land owner’s counsel Naveen Kumar Murthi opposed the plea citing the absence of any such legal bar.
by Sekar Reporter · Published December 14, 2019
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THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.R.C.No.654 of 2022 Section 173(8) of Cr.P.C., does not place any fetter on the Police to conduct further investigation in the case after commencement of trial and whenever they come across any additional information it is just and necessary that the same be brought to the notice of the Court. It is important to note that the Hon’ble Supreme Court of India in Vinubhai Haribhai Malaviya Vs. the State of Gujarat (cited supra) itself has clearly held that the purpose of further investigation is that any person who has wrongly been prosecuted cannot suffer the same and any person, who was actually committed the offence, should not escape punishment. In that view of the matter, since bringing out the truth is the primordial purpose of investigation and the present application serves the said purpose, I am of the view that the application filed by the prosecution even after the commencement of the trial in this case is maintainable and I answered the question accordingly.
by Sekar Reporter · Published July 2, 2022