STATE OF PUNJAB Vs. AMRIT LAL

JUDGEMENT

(1.) HEARD learned counsel for the revisionist and the learned counsel for the respondent.

(2.) THIS petition is directed against the order dated 24.8.1995 passed by the learned Additional District and Sessions Judge/Special Judge, Ludhiana.

(3.) THE contention of the learned A.A.G. for the revisionist-State is that the learned Special Judge was not the requisite authority to deal with the petition moved. Under Section 6-A of the Essential Commodities Act, 1955, the jurisdiction to deal with the matter rests with the Collector of the district and he is the proper authority to consider the matter of release of the essential commodities seized by the police. The impugned order, it has been submitted, suffers from inherent lack of jurisdiction and is also against the public policy. It has further been contended that only such goods which are subject to natural decay or waste can be ordered to be released. According to the submission of the learned counsel for the revisionist, the balance of convenience also lies in favour of the revisionist because public at large will suffer an irreparable loss if adulterated high speed diesel or petrol is released.