STATE OF KARNATAKA Vs. D S KRISHNA MURTHY

JUDGEMENT

(1.) This Cr.R.P., is directed against the Judgment and Order dated 6-1-1987 passed by the Sessions Judge at Tumkur in Criminal Appeal No. 26 of 1982 setting aside the order dated 17-5-1982 passed by the Deputy Commissioner, Tumkur, in case No. CCM-42 of 1981-82, ordering confiscation of groundnut seized from the accused.

(2.) The facts of the case, in brief, are: 1,440 Kgs. of groundnut was seized from the possession of the accused while he was illegally transporting the same, by the Inspector of Food and Civil supplies, and produced the same before the Deputy Commissioner on 20-2-1981. The Deputy Commissioner, as per his order dated 17-5-82 passed in case No. COM. 42/81-82, confiscated the seized stock of groundnut and forfeited the sale- proceeds thereof to the Government. The accused, being aggrieved by the said order had filed an appeal before the Sessions Judge in Criminal Appeal No. 26 of 1982 on his file. The Sessions Judge as per his Judgment and Order dated 6-1-1987 allowed the appeal, set aside the order of the Deputy Commissioner and directed the return of confiscated seized groundnut or the sale proceeds to the accused. Being aggrieved by the said Judgment and Order, the petitioner- State has filed this revision petition.

(3.) Sri. S. S. Koti, learned High Court Government Pleader appearing for the State, contended that as per amended Section 6C of the Essential Commodities Act, 1955 ('the Act' for short), the State Government has got jurisdiction to deal with the appeals tiled against the orders of confiscation, and not the Sessions Judge. The accused should have filed the appeal before the Government and the order ought to have been passed by it, as contemplated under the amended Section 6C. Therefore, the Judgment and order passed by the Sessions Judge, without having jurisdiction, is liable to be set aside.