LAWS(ALL)-2013-7-241

PREMVATI Vs. STATE OF U.P.

Decided On July 16, 2013
PREMVATI Appellant
V/S
State of U.P. Through Principal Secretary and Others Respondents

JUDGEMENT

(1.) We have heard the learned Counsel for the petitioner, and the learned Counsel for the respondent Nos. 1 to 5. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the Order dated 25.3.2013 passed by the District Magistrate, Rampur under section 6A of the Essential Commodities Act, 1955 (in short "The Act").

(2.) It appears that in the criminal proceedings under section 3 read with section 7 of the Act, the Tractor-Trolley, which was in the name of Swami Deen, husband of the petitioner, was seized on the ground that the same was being used for transportation of the controlled commodity.

(3.) By the Order dated 24.1.2013 passed by the Additional Chief Judicial Magistrate, Court No. 1, Rampur in the aforesaid criminal proceedings, the Tractor-Trolley was released in favour of the aforesaid Swami Deen subject to various conditions mentioned in the said Order.