STATE PF MP Vs. RAMNIWAS

JUDGEMENT

(1.) HEARD . The order impugned is passed by the Sessions Judge, Rajgarh, in appeal u/s. 6C of the Essential Commodities Act, 1955, whereby the order of confiscation passed by the Collector, Rajgarh u/s. 6A has been set aside and the case has been remanded back to the Collector for decision afresh.

(2.) THE learned S.J., in his order has referred to provisions of section 12AC of the Act of 1955 and held that the Collector while holding enquiry u/s. 6A ought to have followed the procedure prescribed under the CrPC and should have examined the respondent u/s.313, CrPC. I am afraid, approach of the learned S.J. was not in accordance with law and he seems to have misconstrued the provisions of section 12AC of the Act. section 12AC reads as follows :

(3.) ACCORDINGLY , I allow this revision, set aside the order dated 26.4.2000 passed in Criminal Appeal No. 21/99 and directed that the appeal shall go back to the Sessions Court below for decision afresh in accordance with law. Before parting, it may be observed that the learned Dy. AG has also raised question of jurisdiction as to whether the appeal would lie to the Sessions Court or to the State Government. This point was not, however, raised before the Sessions Court below nor in the memo of revision before this Court. I, therefore, leave his question to be raised by the petitioner State before the Court below itself which shall decide the same in accordance with law. With the observations as aforesaid, this petition stands disposed of. A copy each of this order be remitted immediately to the Sessions Judge, Rajgarh and the Collector, Rajgarh, for needful. C.C. to both the parties in 3 days.