SURENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Misc. Writ Petition has been filed by the accused applicant Surendra Singh to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 21.9.2011 passed by learned Sessions Judge, Court No. 8 Moradabad in Criminal Appeal No. 61/2011 Surendra Singh v. State of U.P. Under Section 6(c) of Essential Commodities Act and the impugned order dated 17.2.2011 passed by the Pergana Magistrate, Sadar district Moradabad in Case No. 4/8 State v. Surendra Singh, Under Section 6A of Essential Commodities Act arising out of case crime No. 343/2010 Under Section 3/7 of Essential Commodities Act P.S. Bhagatpur district Moradabad and to issue a writ, order or direction in the nature of mandamus releasing the Horse and Horse cart (Bugghi) of the petitioner in his favour. Brief facts of the case are that the co-accused Smt. Santosh Devi was a Fair price shop dealer. For the purpose of black marketing she hired applicant's Horse and Horse cart to transport two quintals of rice in four gunny bags and one gunny bag weighing 50 kg. wheat from her shop to sell it some where else The aforesaid Horse cart was intercepted and the aforesaid food grains meant for public distribution was recovered. The food grains and Horse cart alongwith horse were seized and a case crime No. 343/2010 State v. Smt. Santosh Devi and others, including Surendra Singh petitioner Under Section 3/7 of Essential Commodities Act was registered at police station Bhagatpur district Moradabad.

(2.) Case No. 4/8 State v. Surendra Singh and others Under Section 6A of Essential Commodities Act police station Bhagatpur district Moradabad was instituted to confiscate the seized food grains and also the Horse and Horse cart of the victim in favour of State.

(3.) Notices were issued to Surendra Singh and other two co-accused. Surendra Singh appeared before the learned Magistrate and made an application for release of Horse and Horse cart in his favour claiming their ownership.