CHANNABASAPPA SANOAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this revision petition, it is prayed that the entire proceedings in CC No. 12 of 1981 on the file of the Civil Judge and Prl. Judl. Magistrate I Class, Bagalkot, be quashed.

(2.) Bagalkot police placed charge sheet against the petitioners alleging that they had committed the offence punishable under S. 7 of the Essential Commodities Act, 1955 (to be hereinafter referred to as the Act) read with R. 3 of Karnataka Pulses Edible Oil Seeds and Edible Oils (Storage Control) Order, 1977, (to be hereinafter referred to as tbe Order).

(3.) The necessary facts are that on 1-4-1981 the Tahsildar, Bagalkot, the Revenue Inspector as well as the Sub-Inspector of Police (Crime) Bagalkot, inspected the business place of the petitioners and found grains and goods stored in contravention of the aforementioned Rule. They were seized. The Deputy Commissioner, Bijapur, directed confiscation of the said goods under S. 6A of the Act. Crl. A. No. 70 of 1981 was preferred before the Sessions Judge, Bijapur, under S. 6C of the Act. The appeal was allowed and the order of confiscation passed by Deputy Commissioner was set aside.