SATISH S/O BANSILAL SOMANI Vs. STATE OF MAHARASHTRA, THROUGH POLICE INSPECTOR, POLICE STATION MURUD, TALUKA & DISTRICT LATUR

JUDGEMENT

(1.) Rule, rule made returnable forthwith. Learned Additional Public Prosecutor waives notice. By consent of the parties, the matter is taken up for final hearing at admission stage.

(2.) As 300 bags containing 50 kilograms of wheat each of the applicant were seized on 26-7-2005 while in transit, tempo driver and truck cleaner were enquired about the source of the grains and as they could not explain the source, S.C.C. No.4554 of 2005 was filed against the applicant and 2 others before the 3rd Judicial Magistrate, First Class, Latur under Essential Commodities Act. On merits all the accused were acquitted. Since the goods seized were essential commodity it was held that the concerned Collector shall pass necessary orders regarding the seized goods.

(3.) Earlier the Collector Latur had passed order of confiscation of the wheat. This order was not challenged. Based on the order of the learned Judicial Magistrate dated 30 July 2014 the applicant again approached the Collector and the Collector confirmed th earlier order dated 15-12-2005 and rejected the application. The said order was challenged by way of revision before the Additional Sessions Judge Latur along with application for condonation of delay. The learned Additional Sessions Judge considered the provisions of section 6-C of the Essential Commodities Act, 1955 as existing prior to the amendment and held that only the State Government has the power to conduct the appeal. Hence the revision was dismissed. Hence this application under section 482 of the Code of Criminal Procedure.