SUNIL KUMAR JAISWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Learned Single Judge of this Court, while adjudicating upon a dispute in the matter of disposal of property seized on the allegation of commission of offence under Section 3 & 7 of the Essential Commodities Act, 1955 (hereinafter referred to as "the EC Act") recorded its disagreement with the view taken by another coordinate Bench in CRMP No.1068 of 2014 (Vishnu Prasad Vaishnav Vs. State of Chhattisgarh) decided on 17.12.2014. The matter accordingly has been referred to this Bench for answering following two questions of law:-

(2.) Before we proceed to answer the stated questions of law in this reference, we consider it apposite to set-out brief resumption of relevant facts and the factual backdrop of events giving rise to present reference, as stated infra.

(3.) A truck was seized by Police Station- Ratanpur in connection with Crime No.159/2017 on the allegation of commission of offence punishable under Section 41 (1-4) of the Code of Criminal Procedure read with Section 379 IPC and Sections 3 & 7 of the EC Act as also Section 23 of the Petroleum Act 1934. An application under Section 457 Cr.P.C. for release of the vehicle was filed before jurisdictional Magistrate who rejected the application. Revision preferred against the said order was also dismissed by holding that the Courts do not have any jurisdiction to grant interim custody of the vehicle in view of bar created under Section 6-E of the EC Act. That gave rise to filing of CRMP 1213 of 2007 (Sunil Kumar Jaiswal Vs. State of C.G.).