RAM BILAS GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS revision is against an order for sale of 35 bags of rice and 10 bages of mustard, seized in connection with alleged contravention of Foodgrain Control Order, punishable under Sec. 3 read with Sec. 7 of the Essential Commodities Act. The impugned order has been passed by a Deputy Collector describing himself as S.D.M.

(2.) IT is contended on behalf of the revisionist that the Sub-Divisional Magistrate had no jurisdiction to pass the impugned order. Only Judicial Magistrate having jurisdiction over the case of the Collector exercising power under Sec. 6-A of the Essential Commo­dities Act could have jurisdiction to pass an order of sale. It is not disputed in this revision that the impugned order was passed on the application of revisionist. It was stated on behalf of the revisionist that the application was moved to the Sub-Divisional Magistrate by mistake. It was vehemently asserted on behalf of the revisionist that the Sub-Divisional I Magistrate was not authorised to exercise powers of the Collector under Sec. 6-A of the Essential Commodities Act. State was given sufficient opportunity to file affidavit and dis­close whether the Sub-Divisional Magistrate concerned was authorised by the Collector to exercise powers under Sec. 6-A of the Act. No such affidavit was forthcoming and it may be assumed for the sake of this revision that the Sub-Divisional Magistrate was not authorised by the Collector to exercise powers of Collector under the Act. It was argued by the learned A.G.A. appearing on behalf of State that this revision against the impugned order does not lie under Sec. 397 Cr. P.C.

(3.) UNDER Sec. 2 (i-a) of the Act 'Collector' includes an Addl. Collector and such other officer not below the rank of Sub-Divisional Officer, as may be authorised by the Collector to perform the functions and exercise the powers of the Collector under the Act. In U.P. Deputy Collector is an Asstt. Collector, commonly known as Sub-Divisional Officer and an Executive Magistrate, when he exercises powers of Executive Magistrate with respect to a sub-division he is commonly known as Sub-Divisional Magistrate. While exercising powers of Executive Magistrate he is an inferior criminal court as explained in the Explanation of Sec. 397 (1) Cr. P.C. But exercising powers of an Asstt. Collector or Collector as Sub-Divisional Officer, he is not an inferior criminal court and his orders cannot be questioned in revision under Sec. 397 Cr. P.C.