O K DEPUTY COMMISSIONER Vs. RUDOLPH FERNANDES

JUDGEMENT

(1.) This appeal by the Deputy Commissioner of Dakshina Kannada, involves the interpretation of second proviso to Sec. 6A(1) of the Essential Commodities Act, 1955 ('the Act' for short).

(2.) The learned single Judge held that for the release of the vehicle in lieu of its confiscation, the fine payable shall not exceed the market price of the essential commodity carried by the vehicle and not the market value of the vehicle. The State (through the Dy. Commissioner) is aggrieved by this interpretation.

(3.) Sec. 6A(1) reads as follows:-