Brahmchari Chaubey And 2 Others vs State Of U.P.
2021 Latest Caselaw 6215 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL REVISION No. - 379 of 2021
 

 
Revisionist :- Brahmchari Chaubey And 2 Others
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- Pradeep Kumar Upadhyay
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J. 

The present revision has been filed against the order dated 28.9.2020 passed by District Magistrate, Kushinagar as well as judgment dated 23.12.2020 passed by Additional District and Sessions Judge/Special Judge (POCSO) Act, Kushinagar at Padrauna in Criminal Appeal No. 51 of 2021 whereby the appeal filed against the said order has also been rejected.

Counsel for the revisionist argues that the revisionists are proprietor of the firm in the name and style M/s Shiv Shanker Transport and are engaged in transportation of essential commodities.

It is stated that an FIR was lodged against the revisionists on 7.4.2020 and subsequent thereto, a show cause notice was issued on 29.6.2020 in exercise of Section 6A of the The Essential Commodities Act, 1955 (in short 'EC Act') and FIR was lodged under Section 3/7 of The Essential Commodities Act, 1955. In the said show cause notice, the revisionists were called upon to show cause as to why the trucks (only) may not be confiscated. The revisionists gave their reply to the said show cause notice on 3.7.2020 and subsequently, the District Magistrate by the order dated 28.9.2020 confiscated the said trucks and an option for payment of redemption fine was given for redeeming the confiscated goods on payment of Rs. 5 lacks each on the trucks. The said order was challenged in the appeal which has been dismissed.

Submission of counsel for the revisionist is that the order of confiscation passed under Section 6A is bad in law inasmuch as there was no proposal to confiscate the essential commodity and the confiscation of the vehicle solely is not in accordance with the mandate of the Act. He relies upon the judgment of the Supreme Court in the case of Government of Andhra Pradesh Vs. V. Ranga Rao, (2005) 12 SCC 274.

On the basis of the submissions made, prima facie, the matter requires consideration.

Issue notice.

Learned AGA accepts notice on behalf of the Opposite Party.

Counsel for the Opposite Party shall file counter affidavit within four weeks.

During the pendency of the revision, the effect and operation of the impugned judgment and orders dated 28.9.2020 and 23.12.2020 shall remain stayed.

The trucks in question shall be released to the revisionists on their furnishing requisite personal bonds of the value of Rs. 5 lakhs each before the authority concerned.

Upon furnishing of the said bonds, the trucks in question shall be released to the revisionist forthwith.

Copy of the order downloaded from the official website of this Court shall be accepted as a true copy of this order.

Order Date :- 14.6.2021

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