KESHAR FILLING STATION Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision application under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 (for short, the 'CrPC') takes exception to the judgment dated 23.10.2013, passed in Criminal Appeal No.209/2013 by VII Additional Sessions Judge, Gwalior, whereby the Court below has allowed the appeal preferred by the present applicant against the order passed by the Collector, Gwalior under Section 6-A of Essential Commodities Act, 1955 (for short, the 'EC Act') and has remanded the matter to the Collector to afford opportunity of cross-examination to the present applicant and take fresh decision.

(2.) The facts leading to filing of instant revision application are that on 28.10.2010 the Collector Gwalior as well as the Officers of Weight and Measurement Department carried out inspection at the petrol pump run by the applicant and found non- compliance of certain mandatory rules and, therefore, as per memo of seizure all the articles including diesel and petrol were seized. Thereafter, the respondent instituted the proceeding under Section 6-A of the EC Act, served a show cause notice for inviting the objection to the proposed action and confiscation. The applicant filed its response to the show cause notice and categorically submitted that the allegations against the present applicant are technical in nature and there is no accusation that the applicant was involved in black marketing or any adulteration of the petroleum goods, therefore, the proposed action of confiscation deserves to be recalled. The Collector concerned pronounced the order dated 30.4.2013 and directed confiscation of the articles seized on the date of inspection.

(3.) The EC Act prescribes remedy of filing of appeal against the order passed under Section 6-A before the Sessions Court. Consequently, an appeal was preferred under Section 6-C of the EC Act and the same came up for consideration before the Sessions Court in which the impugned order dated 23.10.2013 was passed and the appeal was allowed on the solitary ground that the Collector did not afford opportunity of cross-examining the present applicant. The applicant is before this Court against the order of remand.