GOVT. OF A.P. Vs. V. RANGA RAO

JUDGEMENT

(1.) The respondents were the writ petitioners before the High Court raising a common point as to the liability of transport contractor or a carrier in the event of confiscation of the vehicles for violation of the A.P. Petroleum Products Order, 1980. The writ petitions were accepted by the High Court, aggrieved against which the appellants are before us by grant of special leave.

(2.) Heard the counsel for the appellant State of A.P.

(3.) In our opinion, the view taken by the High Court that in the absence of violation of Sec. 3 of the Essential Commodities Act, 1955 (for short "the Act"), question of application of Sec. 6A did not arise, is correct. Under Sec. 6A first target is the confiscation of the commodity. If the commodity, as in the present case, is not liable to be confiscated, the question of confiscation of vehicles or container did not arise. The order of the High Court does not call for any interference.