EBADAT ALI Vs. STATE

JUDGEMENT

(1.) IN this application the order passed by the learned Judge, special Court under Essential Commodities act in Special Case No. 3 (12) of 1932 arising out of Maheshtala Police Station Case no. 3 dated 4. 12. 82 is challenged by the petitioner. An application was filed by the petitioner before the learned Special Judge for return of Petrol tanker being No. WBK-1757. That application was opposed by the P. P. in charge. It was submitted before the learned Special Judge that the I. O. in the case had made a prayer to the Collector for return of the petrol tanker alleged to be involved as a Vehicle in an offence under section 7 of the Essential Commodities Act. The learned Judge held that under section 6a of the said Act, the Collector has power to confiscate the tanker and in view of the provisions of section 6e of the Essential commodities Act the learned Special Judge had no power or jurisdiction to make any order regarding possession, delivery or disposal of the oil tanker. It was mainly on this ground that the learned Special judge refused to pass any order for disposal of the oil tanker in question.

(2.) AFTER hearing the learned advocates for the petitioner as well as for the State, I am of the view that the learned Special Judge has power to pass an order for disposal of any vehicle involved in an offence under section 7 of the Essential Commodities Act. The learned Special Judge mis-construed the provision of section 6e of the said act which reads as follows:

(3.) IN this connection a Division Bench decision of this Court reported in 1979 (2)CLJ 254 is referred to. Some expert from the said decision may be quoted as follows.