Manveer Singh vs State Of U.P. & 3 Others
2014 Latest Caselaw 5248 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 
AFR
 

 
Case :- WRIT - C No. - 44615 of 2014
 

 
Petitioner :- Manveer Singh
 
Respondent :- State Of U.P. & 3 Others
 
Counsel for Petitioner :- R.P.S. Chauhan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Vivek Kumar Birla,J.

Heard Sri R.P.S. Chauhan, learned counsel for the petitioner.

The petitioner has filed this petition in respect of the seizure of his vehicle contending that the order passed by the Additional District Magistrate is without jurisdiction.  He has relied upon  the decision in the case of Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and others, 1998 (8) SCC Page 1 to contend that if the order is without jurisdiction the petitioner should not be sent to the alternative remedy in appeal.  He further submits that the show cause notice also does not indicate any reference to the seizure of the vehicle and, therefore, proceedings have not been initiated.  The entire proceeding is without jurisdiction. 

The argument advanced by Sri Chauhan is absolutely preposterous.  The appeal is provided for under Section 6-C of the Essential Commodities Act, 1955. In our considered opinion, the power to seize a vehicle is there and the release of a vehicle by the criminal court does not disempower or take away the jurisdiction of the Collector to pass orders with regard to confiscation of the vehicle which has to be released only on the deposit of the amount described under Section 6-A of the Act against which an appeal is categorically provided.  The argument is misconceived.

The writ petition is accordingly dismissed.

Order Date :- 28.8.2014

Anand Sri./-