NEELAM SIKARWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard finally with the consent of both the parties.

(2.) The petitioner has filed this Criminal Revision under Section 397/401 of Cr.P.C. being aggrieved by order dated 23/01/2019 passed in Cr.A. No. 109/2018 by Additional Sessions Judge/Special Judge Electricity Act, Gwalior, whereby, appeal filed by the petitioner under Section 6 (c) of Essential Commodity Act has been dismissed and affirmed the order dated 19/02/2018 passed by the Collector, District Gwalior in case No. 05/17-18 B 121, whereby, nine (9) gas cylinders and Bolero vehicle bearing registration No. MP 07 GA 5640 have been confiscated in favour of the State Government under Section 6-A of Essential Commodities Act, 1955.

(3.) The petitioner is an owner of Gas Agency allotted by Indian Oil Corporation in the year 2015. On receiving information by the SDO, Ghatigaon and Civil Supply Officer, one Bolero Vehicle bearing registration No. M.P. 07 GA 5640 was caught by them which was going from Gwalior to Bhangarh, Shivpuri. It was found that inside the vehicle one empty domestic gas cylinder, two commercial gas cylinders and six filled gas cylinders were kept in the vehicle. These cylinders as well as vehicle were seized as the driver of the vehicle namely Sobran Singh could not produce documents at the time of inspection. Panchanama, seizure memo was prepared alleging therein illegal transportation and supply of LPG gas cylinders. Thereafter, the said vehicle was handed over to the petitioner on supardiginama. Show cause notice dated 27/02/2017 was issued to the petitioner as to why gas cylinders as well as Bolero vehicle may not be confiscated. The show cause notice was issued under Section 6 (B) of Essential Commodities Act (for brevity, "Act").