HIRALAL PRASAD Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an application under Section 439 read with Section 520 of the Criminal Procedure Code, 1898 (hereinafter referred to as "the Code").

(2.)

(3.) THE relevant facts which are necessary for the disposal of this application are the following: - On 29.3.1972, the present petitioner moved an application before the Sub -divisional Magistrate (J) at Kokrajhar, alleging inter alia that on 12.1.1969 the Opposite Party No.2, the Sub -Inspector of Supply seized some paddy in Kachugaon Bazar and filed a complaint against one Hiralal Prasad Sah of Kachugaon under Section 7(1)(a)(ii) of the Essential Commodities Act. It was stated inter alia that the said accused person did not claim the seized paddy during the course of the proceedings. The petitioner claimed that he was one of the agents of the Food Corporation of India, Branch Kokrajhar and was authorised to purchase paddy on behalf of the said Food Corporation under Gossaigaon Police Station including the forest area of Kachugaon through his employees as per agreement executed between him and the District Manager of the Food Corporation of India at Kokrajhar. It was alleged that the paddy in question was purchased by the petitioner through his employee Jakku Prasad and stacked the same on the road in front of the said accused person. It was further alleged that the said accused did not claim the paddy to be his own and told the officer that he was not the owner of the seized paddy and that the present petitioner was the owner of the same. The petitioner also claimed that he laid claim before the Sub -Inspector orally and the said Inspector asked the petitioner to wait till the disposal of the case. In due course, it was alleged, the prosecution having failed to produce any witness the accused person was discharged, but the learned Magistrate directed confiscation of the paddy. Having learnt that the case has ended in discharge and the seized paddy was directed to be confiscated, the petitioner moved the aforesaid application with a prayer that the order of confiscation be set aside and that the petitioner be delivered the said seized paddy in order to enable him to deliver the same to the Food Corporation of India and if the paddy has been sold in the meantime, the resultant sale price should be paid to the petitioner. A certified copy of the order was also annexed with the application and also an agreement No.8 dated 20.11.1968 between the Food Corporation of India and the petitioner. The certified copy of the order dated 8.11.1971 reads as follows: -