STATE OF U P Vs. SIA RAM

JUDGEMENT

(1.) Both these revisions are being disposed of by this common judgment as the legal points involved arc the same.

(2.) It appears that there were two appeals; viz., Criminal Appeals Nos. 16 and 17 of 1981 which were disposed of by Sri B.K. Misra, learned III Additional Sessions Judge, Shahjahanpur on 12-5-1981 who accepted both these appeals and set aside the impugned orders of confiscation of articles detailed therein.

(3.) It appears that on 27-10-1980, Sri Vishwa Nath Singh, Tahsildar, Jalalabad searched the shop and godown of opposite party Sia Ram, situated in Mahajnan Street in Jalalabad town, district Shahjahanpur and found diesel oil, grease and mobil oil stored contrary to rules. Opposite party was prosecuted for the breach of Uttar Pradesh Essential Commodities Display of Price and Stock and Control of Supply and Distribution Order, 1977. The aforesaid commodities, after the seizure, were reported to the Collector concerned who, after pursuing the procedure laid under Section 6-A of Essential Commodities Act, heard opposite party and ordered the confiscation of the said goods.