RAJENDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal, under Section 454 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), has been preferred against the order directing confiscation of the seized 130 bags of rice, as contained in the judgment dated 22.10.1997 passed in Special Case No.5/1988 by the Special Court (under Section 12A of the Essential Commodities Act, 1955) [for short 'the Act'] at Shahdol.

(2.) The background facts may be summarized as under :The appellant was tried for contravention of Clause 3 of Madhya Pradesh Rice Procurement (Levy) Order, 1970 as well as of Clause 3 of M.P. Foodgrains Dealers Licensing Order, 1965, on 19.08.1988, by carrying 130 bags of rice without any license in a Truck, bearing registration No.CPQ-4126, driven by one Mohanlal. Learned Presiding Judge of the Special Court, while acquitting the appellant of the offences under Section 3 read with 7 of the Act, directed confiscation of seized food grain on the ground that the appellant was not able to produce cogent documentary evidence to substantiate his entitlement (ownership).

(3.) Admittedly, the acquittal of the appellant for the alleged violations of the Control Orders has not been challenged by the respondent/State.