SUKH RAM MUNEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this application, the applicant has challenged the order passed by the Addl. Collector (Supply) Varanasi dated 22-1-1982, whereby he passed an order under Sec. 6-A (2) of the Essential Commodities Act for the sale of the seized goods which were perishable, during the pendency of the proceedings. Against this order a revision was filed before the District and Sessions Judge Varanasi which was rejected on 26-5-1982 as being not maintainable. These two orders are subject-matter of challenge by means of the present application under Sec. 482, Cr. P. C.

(2.) In this case an interim order was granted on 4-6-1982 staying the sale of the seized properties, i.e. Rice and Gram.

(3.) The legal position as stands is that the order passed by the Addl. Collector (Supply) is not an order under the provisions of Criminal Procedure Code and such an order is not revisable by the Sessions Judge. In such a position, the application under Sec. 482, Cr. P. C. would also be incompetent.