STATE Vs. E DOSS

JUDGEMENT

(1.) THIS is a revision filed under Sec.401, Crl.P.C. praying to revise the order of the Court of Sessions, Kanyakumari District, at Nagercoil in C.A.No.6 of 1982 directing return of 124 bags of rice to the respondent herein.

(2.) THE Inspector of Police, Civil Supplies Anti Hoarding Circle, Tirunelveli on 21.08.1981 at about 9 hours along with party, on information, intercepted a lorry No.MDA 4147 at Nagercoil-Trivandrum Main Road near Baracode Canal Bridge, which was moving from east to west and inspected the lorry in the presence of the witnesses. 124 bags of rice were loaded in the lorry. THE, lorry was driven by one Kiramani (A1). THE cleaner by name George (A2) was seated in the lorry. On interrogation the lorry driver Kiramani (A1) appeared to have given a statement that they had been transporting those bags of rice to one Thasaiyan (A3) of Corampu for the purpose of smuggling to Kerala. THE Inspector seized the bags of rice along with the lorry MDA 4147. THE respondents 1 to 10 (A4 to A13) claiming to be the retailers made a claim before the District Collector, Kanyakumari that the rice seized belonged to them. THE District Collector did not accept the claim so made and ordered confiscation of the 124 bags of rice to the State. Aggrieved with the orders passed by the Collector, the respondents herein preferred an appeal in C.A.No.60 of 1982 under Sec.7 of the Essential Commodities Act before the Court of Sessions, Kanyakumari, which in turn ordered return of the value of 124 bags of Rice seized to the respondents herein, giving rise to the present revision by the State.

(3.) IN view of that has been stated above, there is no justification whatever to interfere with the order of the learned Sessions Judge and, therefore, it is that the revision filed by the State is dismissed.