MOHD SHHABUDDIN Vs. STATE OF M P

JUDGEMENT

(1.) This petition under Section 397 r/w 401 of the Code of Criminal Procedure has been preferred being aggrieved by the judgment dated 07.09.2007 passed by III Additional District Judge (Fast Track Court), Shahdol in Special Criminal Appeal No. 3/2007 confirming the order dated 16.07.2007 passed by Collector, Anuppur in Case No. 38 B-121/06-07 whereby the order for confiscation of Mini Truck No. C.G. 10-A/9549 under Section 6(A) of the Essential Commodities Act has been passed.

(2.) The facts of the case in short are that the Station House Officer, Police Station, Jaithari, District Anuppur received an information on 19.02.2007 that 100 quintals rice of Fair Price Shops belong to Lead Jaithari loaded from Ware House of M.P. State Ware Housing Corporation, Anuppur is being transported to Bilaspur (C.G.) by Mini Truck No. C.G. 10-A/9549. He proceeded to spot to verify the fact and blockade at Forest Barrier, Venkat Nagar situated at Chhattisgarh Border. The truck came there at about 9:30 p.m. Driver Amin Khan told him that the rice in question has been loaded by Anjani Shrivastava, Lead Manager and it was being carried to Bilaspur at the instruction of truck owner Mohd. Shahabuddin. The truck and the rice were seized. An offence under Section 3/7 of the Essential Commodities Act, 1955 was registered against Amin Khan driver, Vimlesh Khalasi, Mohd. Shahabuddin Truck Owner and Anjani Shrivastava, Lead Manager of Jaithari. An application for initiation of confiscation proceeding was filed in the Court of Collector, Anuppur.

(3.) Shri R.P. Mishra, learned Counsel for the applicants submitted that the Courts below have not appreciated the evidence in proper perspective. The finding is contrary to the evidence available on record. There is no breach of the Public Distribution System (Control) Order, 2001, therefore, the confiscation of the truck is erroneous. Learned Counsel further submitted that this truck was attached to one J.K. Transporter. The proprietor used to deduct the commission and pay the freight charges to truck owner. Anjani Shrivastava hired this truck from J.K. Transporter. The truck owner was having no knowledge about it. The concerned police officer was demanding Rs. 500/- and they have been falsely implicated on account of not fulfilling such demand. The order of confiscation of truck is illegal hence the same be set aside and truck be delivered to the truck owner.