Court No. - 47
Case :- MATTERS UNDER ARTICLE 227 No. - 8014 of 2018 Petitioner :- Laxmi Prasad And 12 Others Respondent :- State Of U.P.
Counsel for Petitioner :- Ravindra Prakash Srivastava Counsel for Respondent :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for petitioners and learned AGA for State.
This writ petition has been filed against the judgment and order dated 24.6.2017 passed by Additional Sessions Judge/Special Judge (E.C. Act), Basti in Criminal Appeal No. 45 of 2015 (Laxmi Prasad and others Vs. State of U.P.) dismissing the appeal against the judgment and order dated 13.7.2015 passed by Additional Collector /Additional District Magistrate, Basti in Case Crime No. 216 of 2014 under Section 3/7 E.C. Act, Police Station-Munderwa, District-Basti.
Vide order dated 13.7.2015 recovered commodities were confiscated in favour of State under provision of Section 6-A of the Essential Commodities Act, 1955.
Learned counsel for the petitioners contended that the recovered commodities belongs to petitioners, who are farmers. Even so, learned Additional Collector has passed impugned order without properly appreciating the evidence on record.
As per provision of Section 6-A (5C) of the Essential Commodities Act, 1955, in case of acquittal of accused, sale proceed shall be paid to the owner of the property or the person from whom it is seized. Accordingly, remedy is available to the petitioners.
In view of the above, writ petition is disposed of. Order Date :- 26.10.2018 Ravi Kant