BALDEV SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petitions is directed against the order dated 4.6.2010 passed by the Sessions Judge, Sriganganagar in Criminal Appeal No. 93/2010 whereby an appeal preferred by the petitioner against the order dated 11.3.2010 passed by the District Collector, Sriganganagar in Case No. 304/2009 directing release of the vehicle on the petitioner depositing a sum of Rs. 1,95,000/- as fine, stands dismissed.

(2.) The petitioner's vehicle carrying essential commodity was ordered to be confiscated by the District Collector, Sriganganagar under Section 6A of the Essential Commodities Act, 1955 (in short the Act"), however, it was ordered that if the petitioner pays a sum of Rs. 1,95,000/- i.e. the market price of the vehicle as fine in lieu of the confiscation, then the vehicle shall stand released.

(3.) Aggrieved by the aforesaid order passed by the District Collector, Sriganganagar, the petitioner preferred an appeal under Section 6C of the Act before the Sessions Judge, Sriganganagar. The appeal has been dismissed by the order impugned as barred by limitation. The Appellate Court observed that the order was passed by the District Collector, Sriganganagar in presence of the Counsel appearing on behalf of the petitioner and therefore, it cannot be said that the petitioner had no knowledge about the order dated 11.3.2010 and therefore, the delay in filing the appeal cannot be condoned.