STATE OF KARNATAKA Vs. VENKATESH

JUDGEMENT

(1.) This Revision one under Section 397 and 401 of the Code of the Criminal Procedure by the State of Karnataka challenging the correctness and the legality of the judgment and order dated 11th June 1982 passed by the Sessions Judge, Gulbarga in Crime No. 104 of 1981 setting aside the order of confiscation dated 29-9-1981, confiscating 115 bags of sugar seized from the possession of respondents under Section 6A of the Essential commodities Act, 1955 (for short the 'Act')-

(2.) The matter arises in this way. On 25-3-1981 at about 8-30 p.m., the Probationary Dy S.P along with his staff conducted a raid of Laxmi Narasimha and Company, Toddy Depot and found 115 bags of sugar stored for the manufacture of artificial toddy in controvention of clause 3(1) of the Karnataka Sugar Dealers Licensing Order 1962 (for short the order) seized the same under Panchanama in the presence of pancy witnesses. Thereafter, a case was registered against the respondents in Crime No. 60 of 1981 for offences under Section 37 of the Karnataka Excise Act, 1965 and under Section 3 read with Section 7 of the Act. The Police in addition to registering a case, also made a report to the Deputy Commissioner, Gulbarga to confiscate the seized quantity of sugar under Section 6A of the Act. The Deputy Commissioner, on the report submitted by the Police initiated proceedings against the respondents, issued show cause notice under Section 6B of the Act and after hearing both parties passed an order dated 29-9-1981 directing the confiscation of the sugar seized from the possession of the respondents.

(3.) The respondents carried the matter in Appeal before the Sessions Judge, Gulbarga in Criminal Appeal No. 104 of 1981. The learned Sessions Judge after hearing both the parties and perusing the material produced in the case allowed the appeal and set aside the order of confiscation passed by the Deputy Commissioner, Gulbarga by his judgment and order dated 11th June 1982. It is the correctness of this judgment and order of the learned Sessions Judge that is sought to be assailed by the State in this Revision.