CHANDABAI Vs. COLLECTOR, JALGAON

JUDGEMENT

(1.) Rule. Rule made returnable forthwith by consent.

(2.) By way this present application, the applicants pray for a direction to release the jaggery having quantity of 977 lumps valued at Rs.2,00,804-00, seized by Nimbhora Police Station, on 25-12-2006.

(3.) The aforesaid jaggery owned by the present applicants came to be seized since the prosecution alleged that the said jaggery is used for manufacturing illicit liquor. The applicants, therefore, applied to the learned Magistrate for release of the said jaggery under Supurtnama under Section 457 of the Cr.P.C. However, the said application came to be rejected on the ground that since the jaggery seized under the Essential Commodities Act, it is only the Collector who have jurisdiction to pass an order regarding release of the goods. However, it appears that thereafter Sub Divisional Officer, Bhusawal vide order dated 06-08-2007 also rejected the application of the applicants on the ground that no licence was required for sale of the jaggery and as such, Sub Divisional Officer has no jurisdiction.