UJAGAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) ON 6-3-1980 at about 9 P.M. 5 bags of Sugar weighing about 4 quintals and one drum of Kerosine oil measuring about 80 litres were seized from the hotel of the applicant Sardar Ujagar Singh at Nausar crossing Gorakhpur under Sec. 3 of the Essential Commodities Act. The Sub Divisional Magistrate Gorakhpur directed that the said sugar and kerosine oil be sold by the Supply Officer of the Area through some fair price shop and the sale proceeds be deposited in court for being disposed of in accordance with law according to the decision of the case. Aggrieved by this order of the Sub Divisional Magistrate, Sadar an appeal was filed by the applicant before the Sessions Judge, Gorakhpur under Sec. 6(c) of the Essential Commodities Act. The appeal has been dismissed on the ground that it is not maintainable. The view taken by the Sessions Judge is that since there was no order of confiscation, hence no appeal was maintainable. Aggrieved by the order of the Sessions Judge, Gorakhpur dated 27th September, 1980, the applicant has come up in revision before this Honourable Court.

(2.) I have heard learned counsel far the applicant and perused the impugned orders. It is not necessary for me to go into the technical question whether the appeal before the Sessions Judge Gorakipur was competent or not, because in the exercise of revisional powers, this court can always interfere with the impugned order of the subordinate court, provided it is unjust and unfair. I find that in the instant case 4 quintals of sugar and 80 litres of kerosine oil were seized by the Sub Inspector of Police. The case of the applicant was that it has been stored for the purposes of his hotel business. The merits of the case, one way or the other, would be decided in the original prosecution, which has been launched against the applicant. This court is not in a position at this stage to give any specific finding on facts inter-parties which are in dispute. However, it has been argued by the applicant's counsel that if the sugar and the kerosine oil is sold away the return-price of these commodities would not be sufficient compensation to the applicant, in the event of his acquittal in the criminal case. He has prayed that these commodities may not be sold at it is risk and may be allowed to remain as they are till the final disposal of the criminal prosecution.