RAMSWAROOP Vs. COLLECTOR, GWALIOR

JUDGEMENT

(1.) ON the basis of a decision given by the Supreme Court of India in the case reported as AIR 1994 SC 2663. The petitioner wants full advantage of section 6 (c) (2) of the Essential Commodities Act, 1955, (hereinafter referred to as the Act). He is also placing reliance on the Single Bench judgment of this Court reported as State of M.P. v. Dena Nath, 1994 (2) EFR 197.

(2.) THE brief facts out of which this petition has arisen, be noticed as under :

(3.) UNDER the aforementioned Order, an order of confiscation was passed. This attained finality. The petitioner was permitted to sell seized commodities on furnishing guarantee of Rs. 15,000/-. For this, reliance is being placed on Annexure P-6. The further case of the petitioner is that, for this very offence petitioner was acquitted by the Court of Session on 12th of December, 1994. Copy of this order is Annexure P/7. Later petitioner was asked to deposit the amount in cash.