STATE Vs. GANESHRAJAN

JUDGEMENT

(1.) Heard the learned Advocate General appearing for the appellant and the learned senior counsel appearing for the respondent.

(2.) In this appeal, the State represented by the District Collector and District Magistrate, Thoothukudi, challenge the order passed by the learned Additional Sessions Judge/Fast Track Court No.2, Thoothukudi, allowing C.A.No.143 of 2006 filed by the respondent herein under Section 6-C of the Essential Commodities Act 1955.

(3.) On 15.08.2004 an information was received by the Thoothukudi police that a large quantity of rice is being smuggled through rail wagons to New Delhi. On inspection, it was found that the information was true. 2300 MT of rice had been loaded on to 40 rail wagons. They were seized and sealed. Crime No.176 of 2004 was registered by the Civil Supply CID under Section 4(1), 19(1) of Tamil Nadu Essential Trade Articles(Regulation of Trade) Order 1984 and 2(1) and 6(4) of Tamil Nadu Scheduled Commodities(Regulation of Distribution by Card System) Order 1982 read with 7(1)(a)(ii) of Essential Commodities Act 1955. Thereupon, a report was sent to the District Collector for taking action under Section 6A of the Act to confiscate the seized commodities. The respondent claiming to be the owner of the goods filed W.P.(MD)No.24026 of 2004 for returning all the seized rice to him. Even during the pendency of the said proceedings, 47,624 bags of rice were used for public distribution and a sum of Rs.60 Lakhs was deposited by the Zonal Manager, TNCS in favour of the Special Tahsildar, Thoothukudi and it was kept in an escrow account. The writ petition filed by the respondent came to be ordered on certain terms on 11.09.2004 and it was followed by the institution of Cont.P. (MD)No.831 of 2004. The Contempt petition was disposed of on 22.12.2004. Since 1539 MT of rice had already been utilised for public distribution, the remaining number of 832 MT of rice was directed to be released to the respondent on payment of Rs.30 Lakhs. The respondent deposited a sum of Rs.30 Lakhs as per the said order and the balance quantity of rice was returned to the respondent. On 24.08.2006 the District Collector passed an order under Section 6A of the Act confiscating the rice and also directed collecting the remaining amount of Rs.39,12,509.75/- from the respondent.