P GOVINDA PRABHU Vs. STATE OF MYSORE

JUDGEMENT

(1.) This petition is directed against the order dt.5-8-1971 passed by the Sessions Judge, South Kanara, Mangalore, in MC. No.10 of 1971 dismissing the application filed by the petitioner under S.520 of the CrPC. against the order passed by the Additional Munsiff-cum-Magistrate, Buntwal on 6-2-1971 in CC. No. 1039 of 1970.

(2.) At about 3-00 A.M. on 23-1-1969 the police attached to Food Mobile Squad, seized a lorry bearing registration No.MYA 5403 and found that it was transporting 75 quintals of boiled rice in 100 gunny bags. They seized the said lorry on suspicion, that provisions of Mysore Foodgrains (Regulation of Transport of Foodgrains) Order 1968, had been contravened. They registered a case in Crime No. 33 of 1969 for offences under the provisions of the said order and Ss.3 and 7 of the Essential Commodities Act. The foodgrains were produced before the Deputy Commissioner, South Kanara, under S. 6-A of the Essential Commodities Act (hereinafter referred to as the 'Act'). The petitioner appeared before the Deputy Commissioner and contended that an order directing return of the boiled rice to him was to be passed. The learned Deputy Commissioner directed forfeiture of the foodgrains i.e., the boiled rice. The petitioner, aggrieved by the order of the Deputy Commissioner preferred Criminal Appeal No. 40 of 1969 in the Court of the Sessions Judge at South Kanara, Mangalore. The appeal was dismissed. In the meanwhile the learned Deputy Commissioner had got the boiled rice sold. The sale proceeds amounted to Rs. 6,322-48 Ps. The petitioner filed Cr.R.P. No.70 of 1970 in this Court as against the order passed by the Deputy Commissioner and the judgment passed by the learned Sessions Judge in Cr. A. No. 40 of 1969. Cr.R.P. No.70 of 1970 was allowed by this Court by its order dated 1-9-1970. It was held therein that the provisions of Ss. 6-A and 6-C of the Act were not applicable to the facts of the case on hand.

(3.) In the meanwhile the Driver and the Conductor of the said truck were prosecuted in the Court of the Additional Munsiff, Buntwal in C.C. Nos.467/1970 and 1039/1970 respectively. Plea of guilty was put forward in both the cases and the said persons were convicted. In Cr.R.P.70 of 1970 this Court directed the sale proceeds of boiled rice to be produced before the Magistrate in C.C.No1039/1970. Accordingly the learned Deputy Commissioner got the sale proceeds produced before the Magistrate at Buntwal. The petitioner filed an application under S.516-A and 517 of the Cr.P.C. in the Court of the Additional Munsiff, Buntwal, praying for return of the sale proceeds to him on the ground that he was entitled to the possession of the seized boiled rice bags. The learned Magistrate, by his order dated 6-2-1971 directed forfeiture of one-fourth the amount of Rs. 6,322-48 Ps. applying the provisions of S.7(1) (b) of the Act. The petitioner filed M.C. No. 10 of 1971 in the Court of the Sessions Judge, South Kanara, under S. 520 of the Cr.P.C. The learned Sessions Judge, after reading the decision in State of Mysore v. Abdul Rasheed, (1967)1 Mys.L.J. 347 has held that the application or appeal under S.520 Cr.P.C. is not maintainable. It is against this order that the present petition has been filed.