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Mohan Singh Vs. State of Rajasthan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan High Court
Decided On
Case NumberS.B. Cr. Revision No. 111 of 1978
Judge
Reported in1978(11)WLN290
AppellantMohan Singh
RespondentState of Rajasthan
DispositionPetition dismissed
Excerpt:
.....of the truck can only be made after complying with these provisions. the collector and district magistrate, jalore, confiscated the truck illegally without giving the owner of the truck a notice in writing informing him of the grounds on which it was proposed to be confiscated and without giving him an opportunity of being heard and of making a representation in writing against the grounds of confiscation. the sessions judge, jalore, therefore, committed no error in sending the case back to the collector and district magistrate, jalore, for complying with the provisions of section 6b of the act before passing any order under section 6a thereof.;revision dismissed - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 &..........the sessions judge, jalore, dated 17th much, 1978. whereby the order passed by the collector and district magistrate, jalore, dated 27th may, 1977, under section 6a of the essential commodities act, 1955, hereinafter referred to of the act, misacting the truck alleged to have been carrying essential community, i.e.., rice, was set aside the case se. it back to the collector and district, magistrate jalore for fresh decision according to law after complying with the provisions of section 5 of the said act.2. the only contention raised before me by the earned counsel for the petitioner is that there has been no contravention of the rajasihan rice (export control) order, 1977 and the rajasthan food grains (restrictions on border movement) order, 1959, and so the collector and district.....
Judgment:

K.D. Sharma, J.

1. Heard earned Counsel for the petitioner and perused the Order of the Sessions Judge, Jalore, dated 17th Much, 1978. whereby the order passed by the Collector and District Magistrate, Jalore, dated 27th May, 1977, under Section 6A of the Essential Commodities Act, 1955, hereinafter referred to of the Act, misacting the truck alleged to have been carrying essential community, i.e.., rice, was set aside the case se. it back to the Collector and District, Magistrate Jalore for fresh decision according to law after complying with the provisions of Section 5 of the said Act.

2. The only contention raised before me by the earned Counsel for the petitioner is that there has been no contravention of the Rajasihan Rice (Export Control) Order, 1977 and the Rajasthan Food grains (Restrictions on Border Movement) Order, 1959, and so the Collector and District Magistrate is not authorized to order the confiscation of the truck canning rice at the time of its seizure by the Enforcement Officer on 12th May, 1977.

4. It was further contended by the earned Counsel for the petitioner that the two Orders mentioned above have been subsequently repealed by the Central Government on 20th September 1977 and as they were temporally enactments, so it proceeding for confiscation of the truck in question could continue after their repeal.

5. I have considered the above contentions. It may be observed at the outset that the the provisos of Section 6B of the Act are mandatory in nature and the confiscation of the truck can only be made after complying with these provisions The Collector and District Magistrate. Jalore, confiscated the truck illegally without going the owner of the truck a notice in writing informing him of the grounds on which it was proposed to be confiscate and without giving him an opportunity of being heard and of making a representation in writing against the grounds of confiscation. The Sessions Judge, Jalore therefore committed no euros in sending the case back to the Collector and District Magistrate. Jalore, for complying with the provisions of Section 6B of the Act before passing any order under Section 6A thereof. It will be open for the petitioner to cake all those grounds which he has taken before me in the representation which he may file in writing before the Collector and District Magistrate is response to the notice under Section 6B of the Act.

6. The revision-petition filed by the petitioner has therefor no force and is here by dismissed summarily.


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