STATE OF MADHYA PRADESH Vs. RAMESHWAR RATHOD

JUDGEMENT

(1.) -This is an appeal by special leave from the judgment and order of the High Court of Madhya Pradesh, dated 30th September, 1976 in Miscellaneous Petition No. 63 of 1976.

(2.) The respondent was the owner of a truck which was seized by the Police Sorwa on 10th December, 1974 for alleged contravention of the provisions of the Essential Commodities Act, 1955 (hereinafter called 'the Act') in connections with Crime No. 42 of 1972. The respondent made applications under Articles 226 and 227 of the Constitution of India, to the High Court to quash the orders of the Judicial Magistrate First Class, Alirajpur and the Sessions Judge, Jhabua respectively rejecting his request for the return of the vehicle on furnishing security and to quash the order of the District Collector and restrain him from proceeding further in pursuance of the notice issued by him under Section 6A of the Act for confiscation of the vehicle and ask for return of the vehicle, or in the alternative to direct the District Judicial Magistrate to dispose of the, application in accordance with law.

(3.) The High Court after setting out the facts addressed itself to three questions, namely, (1) whether Section 6A of the Essential Commodities Act as amended by the Amendment Act No. 30 of 1974 was prospective or retrospective (2) whether in the facts and circumstances, the criminal Court had jurisdiction to entertain an application under Section 523 read with Section 516A of the Criminal Procedure Code for the return of the vehicle seized by the Police pending final decision of the criminal case and (3) whether the respondent was entitled on the merits for the return of the vehicle as prayed for