STATE OF MYSORE Vs. PANDURANG PARUSAPPA NAIK

JUDGEMENT

(1.) This petition is directed against an order passed by the District and Sessions Judge, N.K., Karwar, under S.6-C of the Essential Commodities Act, 1955 (to be hereinafter referred to as the 'Act'), as judicial authority appointed by the State Government by its notification S.O. No.5886 dated 13-12-1966.

(2.) Certain commodities had been seized by the police from the respondents on the ground that one or the other Food Control Orders had been violated by them. Proposals were put up to the Deputy Commissioner, North Kanara, under S.6-A of the Act for confiscating the said commodities. The Deputy Commissioner passed an order confiscating the commodities to the Government and as against that, an appeal was preferred to the judicial authority under S.6-C of the Act. The judicial authority set aside the order of confiscation passed by the Deputy Commissioner and, hence the State, aggrieved by the said order, has challenged the same in this petition.

(3.) Sri Suresh S. Joshi, the learned Counsel for the respondents, raised a preliminary objection and contended that the revision petition is not maintainable because the judicial authority is not an inferior criminal Court as mentioned in Ss.435 and 439 of the Crl.P.C He urged that the District and Sessions Judge. North Kanara Karwar. has not entertained the appeal under S.6-C of the Act ss the Sessions Judge of the Court of Session. North Kanara. but as a judicial authority appointed by the State Government under the notification mentioned above, empowering him to enterain and dispose of such appeals under S.6-C of the Act S.6-C(1) of the Act reads as follows: