RAM AUTAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a revision by the dealer from an order of the Sessions Judge by which his appeal against an order in proceedings under Section 6-A Essential Commodities Act was rejected as not maintainable.

(2.) THE brief, relevant facts are that 115 quintals of vacum pan sugar and 5 quintals of Khandsari are said to have been seized from the revisionists on 27-2-80. As the quantity was in excess of that permissible to be stocked by a wholesale sugar dealer a case under Section 3/7 Essential Commodities Act was registered against the revisionists and the seizure was reported to the Collector under Section 6-A of the Act. THE Collector holding that the commodity was subject to speedy and natural decay arid called for expeditious disposal, directed the vacum pan sugar to be given to fair price shop for distribution to ration card holders at the rate fixed by the Government and the Khandsarii to be sold to the licensed dealer at the government rate and for the amount to be deposited under the Head Criminal Deposits Miscellaneous to be disposed of according to the decision in the criminal case. In an appeal against this order the State raised a preliminary objection that the appeal was not maintainable and the same was upheld by the Sessions Judge on the ground that Section 6-C permits an appeal against an order of confiscation passed under section 6-A (1) but not against an order of disposal of an essential commodity subject to decay in accordance with Section 6-A Clause (2). THE present was held to be an order of this variety and, therefore, not appealable.