KAVITA YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the order dated 06/12/2019 passed by 3rd Additional Sessions Judge, Singrauli in MJCR No.242/2019 whereby the application filed under Section 5 of the Limitation Act by the applicant has been dismissed and not entertained the appeal.

(2.) The facts giving rise to this revision, in short, are that tanker No.U.P.64 H 2451 is running by the applicant. On 07/08/2018 the above mentioned tanker filled with 15,000 ltrs diesel was carrying diesel illegally without having any authority, license or transport permit. Police Station, Morba checked the tanker and after seizing the tanker registered Crime No.342/2018 under Section 3 read with Section 7 of Essential Commodities Act and sent information to the concerned District Magistrate of the District for confiscation of diesel as well as tanker. Case No.231/B-121/2017-18 registered by the Additional Collector, Singrauli and issued notice to the applicant for submitting reply and objection. The applicant submitted reply and objection. Learned Court of Additional Collector, Singrauli vide order dated 22/04/2019 passed a detailed order and confiscated the diesel as well as tanker No.U.P.64 H 2451.

(3.) Being aggrieved by that order, the applicant has filed criminal appeal in the Court of Sessions Judge, Singrauli. Learned Sessions Judge, Singrauli found that this appeal filed under Section 6C of the Essential Commodities Act was time barred. The applicant filed an application under Section 5 of the Limitation Act for condonation of delay showing the cause of delay in the application that Additional Collector kept the file for orders but not informed to the applicant. When the applicant asked for that, the Court of Additional Collector replied that whenever the order will pass, it will be informed to the applicant. The applicant came to know on 24/08/2019 that the order had already been passed by Additional Collector on 22/04/2019. Thereafter the applicant immediately applied for certified copy of the order and after receiving certified copy contacted the counsel and filed appeal on 01/10/2019. The applicant supported that facts by filing affidavit of herself.