Court No. - 49
Case :- CRIMINAL REVISION No. - 3178 of 2018 Revisionist :- Rajendra Kumar Opposite Party :- State Of U.P. And 02 Others Counsel for Revisionist :- Ghan Shyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present criminal revision has been filed against the order dated 10.8.2018 passed by the Additional Chief Judicial Magistrate, Bhagpat, by which the learned Magistrate has rejected the application filed by the applicant for release of the truck no. UP37T4667.
3. It appears that the applicant's truck has been seized in proceeding under the E.C. Act carried out with respect to the food-grain loaded on that truck on 26.6.2018.
4. While the applicant has no connection with the food-grain thus seized as he does not claim ownership of the same, however, it is submitted that unless the truck is released in his favour, the said property would be wasted with passage of time.
5. It is further submitted that at present no confiscation proceedings has been initiated against the applicant.
6. He has further placed reliance on the decision of the Hon'ble Supreme Court in the case of State of Madhya Pradesh and others Vs. Rameshwar Rathod (1990) 4 SCC 21 and a decision of this Court in the case of Virendra Pal Singh Vs. State of U.P., 2008 (1) JIC 291 (All). In that case, after considering the provisions of sections 6-A and 7 of the Act, it had been opined that there is no bar under the Essential Commodities Act, to the powers of the criminal court to direct release of seized vehicles.
7. Consequently, the orders dated 10.8.2018 passed by the Additional Chief Judicial Magistrate, Bhagpat is set aside and the matter is remitted to the Additional Chief Judicial Magistrate, Bhagpat /appropriate court to pass a fresh order in light of the observations made above.
8. With the aforesaid observation/directions, the present revision is thus disposed of.
Order Date :- 17.9.2018 Mini