GYAN CHAND Vs. STATE OF U.P.

JUDGEMENT

(1.) On 21.2.81 the shop of Gyan Chand, the petitioner herein, was checked and it was found that no rate list and stock list had been displayed. The Petitioner led the raid party to his house from where 119 bundles of match boxes, 15 bundles, weighing 10 Kg. each, of soap cakes, 30 bundles weighing 10 Kg. each, of Indewale soap and another 20 bundles weighing 15 Kg. each, of soap were recovered.

(2.) Gyan Chand, the petitioner, further led the raid party to the house of his neighbour Sant Lal from where Sinaula Soap weighing 19-30 quintal, Taj Mahal Soap weighing 4-60 quintals, sugar 6 bags, sulphur 1 bag and Maida 7 bags owned by Gyan Chand were recovered. All these commodities had not been shown in the stock register. After necessary proceedings these commodities were delivered to Preetam Das on supurdgi. A case was registered against the petitioner under Sec. 6-A of the Essential Commodities Act.

(3.) Learned Magistrate issued notice to the petitioner who filed an objection petition which was heard. It was found that a case under Sec. 3/7 of the Essential Commodities Act was also pending against the accused in respect of the said commodities. Vide his order dated 27.8.81 the learned Magistrate confiscated the above mentioned goods to the State. The District Supply Officer, Bijnor was directed to sell the goods and deposit the sale proceeds in the Government Treasury.