MOHOMAD ABBAS FAZALKHAN TURKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This criminal revision application is directed against an order dated 27th October, 1975 passed by the Sessions Judge, Kolaba at Alibag, upholding the order dated 8th July, 1975 passed by the Collector of Kolaba at Alibag confiscating a motor truck belonging to the petitioner under the provisions of section 6-A of the Essential Commodities Act, 1955, (hereinafter referred to as "the Act).

(2.) The facts found established and about which there is no longer any dispute are these. The petitioner is the owner of the motor truck bearing No. MRS 9892. The petitioner is residing in Bombay. He sends his truck with his driver Vijay Shankar Bhosale to places outside Bombay for bringing goods on hire. On that night of 12th February, 1975, the said truck was intercepted by P.S.I. Khedkar on a road near village Shahabaj in Alibag Taluka. Four persons were found inside the truck in which rice was being transported. It was the case of P.S.I. Khedkar that the rice was being carried to Bombay in contravention of the orders issued under the Act. In due course, the Collector proceeding under section 6-A of the Act confiscated not only the rice but also the truck. The order of confiscation of the rice was not challenged. The petitioner, however, challenged the order of confiscation of the truck by filing a criminal appeal before the Sessions Judge, Kolaba at Alibag, under section 6-C of the Act.

(3.) So far as the driver of the truck was concerned, his case was that while he was intending to take some fish and other commodities in the truck towards Bombay, he was contacted by Gangaram Kadam of Goregaon (who was one of the four persons found in the truck), who told him to carry the load of rice towards Goregaon. Gangaram gave an assurance to the driver that there was no ban on the transport of the rice from one place to another within the district and Gangaram also took upon himself all responsibility if the truck were to be confiscated on the way. On that assurance, the driver agreed to carry rice for which he was to have received Rs. 300/- after reaching Goregaon.