BABASHA LADHUSHA ASKAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD both sides. Rule returnable forthwith.

(2.) THE aforesaid Revision Applications are being decided by this order since they arise out of common facts and common order passed by Judicial Magistrate, First Class, Akot on 23 -4 -1991 in Criminal Case No. 105/91 and other connected matters a part of which is impugned herein. The operative part of the order reads as under :

(3.) THE applicants in all cases are being prosecuted for alleged breach of section 19 of the Maharashtra Raw Cotton (Procurement, Processing and Marketing) Act, 1971, (hereinafter referred to as "the Act"). According to the prosecution, the applicants were apprehended while attempting to transport raw cotton in their respective trucks outside the State of Maharashtra and hence, raw cotton along with the trucks came to be seized. By the order impugned, the raw cotton was ordered to be sold to Monopoly Cotton Centres set up by the State Government. The order was passed in response to the application filed by the applicants for releasing the property in their favour on supratnama. It was contended that the Magistrate had no jurisdiction to order sale of raw cotton against the wish and desire of the applicants. In this connection, it was also pointed out that the applicants have not committed any offence by transporting cotton, particularly when the border was far away. No intention can be inferred that the applicants wanted to sell cotton outside the State of Maharashtra. For this proposition, reliance was also placed on the case of Nasu Sheikh and others v. The State of Bihar, AIR 1972 SC 1610. On the other hand, the order was sought to be supported by the Non -applicant/State.