STATE OF U P Vs. RAM AUTAR JAISWAL

JUDGEMENT

(1.) THE State of U.P. has filed Criminal Revision No. 431 of 1981 against the order of the Sessional Judge, Allahabad dated 22-12-1980 passed in criminal appeal No. 130 of 19130 under Section 6-C of the Essential Commodities Act (hereinafter referred to as the Act) and criminal revision No. 1045 of 1981 against the order of the Sessions Judge, Allahabad dated 18-6-1981 passed in criminal appeal No. 46 of 1981 under section 6-C of the Act.

(2.) THE facts in criminal revision No. 431 of 1981 are as follows :- On 17-7-1980 the Additional District Magistrate (Civil Supplies) Allahabad seized 55 bags and one Katta of wheat, one bag of rice and one bag of Keshari on suspicion that it was being; stored for sale in black market in contravention of U. P. Foodgrains Dealers (Licensing) Order and Pulses and Edible Oil (Storage Central) Order punishable under Section 7 of the Act and reported the matter to the Collector Allahabad under Section 6-A (1) of the Act. THE Collector Allahabad by his order dated 21-7-1980 passed under Section 6-A (2) of the Act directed that; the seized foodgrains may be sold under the supervision of the Additional District Magistrate (Civil Supplies) on Government rate and the sale proceeds may be deposited in the Government treasury according to law as the foodgrains were subject to speedy and natural decay and it was otherwise also not expedient in public interest to keep them lying undisposed of. Aggrieved by the aforesaid order of the Collector, Ram Autar Jaiswal and Ashok Kumar Jaiswal filed criminal appeal No. 130 of 1980 before the Sessions Judge, Allahabad under Section 6-C of the Act. THE learned Sessions Judge by his order dated 16-12-1980 allowed the appeal and directed that the seized foodgrains be returned to Ashok Kumar Jaiswal. THE State of U. P. has filed the present revision against the aforesaid order of the learned Sessions Judge.

(3.) IN both the revisions, the question that arises for determination is whether the appeal filed by the opposite parties in the Court of the Sessions Judge, Allahabad was maintainable under Section 6-C of the Act.