ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This revision is directed against the order dated 21.9.1981 recorded by Sri N.P. Verma, learned VII Addi. Sessions Judge, Ghaziabad in Criminal appeal no. 32 of 1981 under Section 6.C of Essential Commodities Act dismissing the same and confirming the order of Sri Rajender Kumar, AddI. District Magistrate (E), Ghaziabad in proceedings under Section 6-A of the Essential Commodities Act for forfeiture of 51 tonnes of coal.

(2.) It appears that on 11.9.1980 at about 1.40 P.M. Supply Inspector along-with his staff checked the godown of Ashok Kumar which functioned under the Style Singh Roadlines Company, D.P.Delhi Border. Ashok Kumar was present at the time of raid when 51 tonnes of coal were found stored in the go down for which no permit or licence could be produced by the proprietor or manager of the said Transport Company and so be was sent up under Section 3/7, Essential Commodities Act for violation of Section 4/12 of U.P. Coal Control Order 1977 which has been made punisTlable under the aforesaid propositions of Essential Commodities Act. A case on crime no. 423 under this Act was also registered at Police Station, Ghaziabad in connection with this recovery.

(3.) Meanwhile, learned AddI. District Magistrate (E), Ghaziabad issued a notice to revisionist no. 1 and in reply to this notice alongwith partners of the alleged firm to show cause against confiscation and forfeiture of the said coal as provided by Section 6-A of Essential Commodities Act no. 10/55 as amended uptodate.