STATE OF MADHYA PRADESH Vs. VED ENTERPRISES TRANSPORT

JUDGEMENT

(1.) Heard. Feeling aggrieved by the judgment dtd. 13/12/2019 passed by Additional Sessions Judge, Jabalpur in exercise of the appellate jurisdiction exercised in Criminal Appeal No.266/2019, whereby, the learned Appellate Court has set aside the order dtd. 30/8/2019 passed by Collector, Jabalpur imposing fine of Rs.4,00,000.00 in lieu of confiscation of truck seized on the allegation of illegal transportation of food grains meant for Public Distribution System, the State has approached this Court.

(2.) The prosecution case, in brief, is that on 19/3/2019 at about 4:30 p.m., suspecting that a truck bearing Registration No.MP-20-HB-9228 was indulged in some illegal activities, the police stopped and searched the same and found 495 bags of wheat supplied by the Civil Supplies Corporation to distribute the same at Cooperative Societies, to further distribute it to the public under the benevolent schemes of the Government. The driver of the truck namely Dilip Jharia could not produce valid document of transportation, therefore, the truck as well as the wheat found therein were seized.

(3.) Considering that the truck was liable to be confiscated under the provisions of the Essential Commodities Act, 1955 (for brevity, 'the Act') for contravention of Sec. 3 thereof, a case was put up before the Collector, Jabalpur. After granting opportunity of hearing to the respondent, the Collector arrived at a conclusion that the respondent has contravened the provisions of the Act, therefore, the truck is liable to be confiscated and exercised powers under Sec. 6A(1)(c) of the Act and directed the respondent-owner of the truck to deposit a fine of Rs.4,00,000.00 in lieu of confiscation of the truck.