YOGENDRA RAI Vs. STATE OF U P

JUDGEMENT

(1.) This criminal revision has been preferred by the revisionists against the order dated 17.1.2006, passed by the learned Additional Chief Judicial Magistrate, Court No. 10, Azamgarh in Case Crime No. 232 of 2005, (State vs. Arvind and others), under Section 3/7 of the Essential Commodities Act, 1955, Police Station Raunapar, District Azamgarh whereby the learned Magistrate has rejected the application under Section 457 of Criminal Procedure Code for release of essential commodities viz. food grains etc.

(2.) As per factual matrix of the case on 23.9.2005, an FIR was lodged against Arvind Kumar Jaiswal and others, a fair price shop holder in Case Crime No. 232 of 2005, under Section 3/7 of the Essential Commodities Act with the allegation that they are carrying essential commodities food grains of fair price shop in Vehicle Truck No. U.P. 53T/2407 for the purpose of selling in the market. Thereafter the revisionists moved an application under Section 457 Cr.P.C. for release of food grains which was seized in relation to crime mentioned above stating that they are farmers and they are carrying their grains for the purpose of sale in Mandi. During the course of transaction in Kankhmar Mandi the truck in question carrying the goods being stopped by certain persons for realising the CHANDA OF DURGA POOJA and in between the said period, some quarrel has been taken place and on the instance of husband of Gram Pradhan, the goods had been seized by saying that it belonged to fair price shop. The said application was rejected by the Magistrate concerned on the ground that proceeding under Section 6-A of the Essential Commodities Act has been initiated and this court has no jurisdiction.

(3.) Aggrieved from the said order, present revision has been filed.