STATE OF U.P. Vs. SUBEDAR AND ORS.

JUDGEMENT

(1.) LIST has been revised. None appeared for the opposite parties.

(2.) VIDE this application the State has assailed the order dated 1 -7 -1980 of the Chief Judicial Magistrate, Basti releasing fertilizer in case no, 134 of 1980 under Section 3/7 of the Essential Commodities Act of P. S. Lal Ganj District Basti, in favour of the opposite parties. The State has raised objection that Sections 6A and 6E of the Essential Commodities Act stand as a complete bar to the jurisdiction of the Chief Judicial Magistrate for releasing the property and it is the Collector who has to pass the appropriate orders. Section 6A Sub -clause(1)(a), (b) and (c) of the Essential Commodities Act runs as under: