HIND TYRES Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition the petitioner has challenged the order passed by the Collector, Jodhpur dated December 2, 1974 confiscating tyres seized from the shop of the petitioner under Section 6-A of the Essential Commodities Act, 1955 for the alleged contravention of the provisions of the Rajasthan Essential Commodities (Prices & Stock Display) Order, 1966 (hereinafter referred to as 'the Order') and the order of the Collector, Jodhpur dated April 24, 1974 relating to tyres and tubes.

(2.) THE petitioner was also prosecuted for the very same contravention of the provisions of the Order for an offence under Section 3/7 of the Essential Commodities Act, 1955 (hereinafter called "the Act") in the court of Judicial Magistrate, No. 2, Jodhpur. THE learned Magistrate by his order dated June 14, 1978 held that the petitioner was guilty of the contravention of the provisions of the order and sentenced him to undergo imprisonment upto the rising of the court and to pay a fine of Rs. 1,000/- and in case of non-payment of fine to further undergo simple imprisonment for three months. THE petitioner preferred an appeal against the order passed by the learned Magistrate before the Sessions Judge, Jodhpur, who by his order dated September 14, 1979 accepted the appeal and thus the petitioner was acquitted of the charge under section 3/7 of the Act, for committing a contravention of the provisions of the Order.

(3.) SIMILAR provision is contained in Section 6-C (2), which runs as under: - " (2) Where an order under Section 6-A is modified or annulled by such judicial authority, or where in a prosecution instituted for the contravention of the Order in respect of which an order of confiscation has been made under Sec. 6a, the person concerned is acquitted and in either case, it is not possible for any reason to return the essential commodity seized, such person shall, except as provided by sub-section (3) of Section 6-A, be paid the price therefor as if the essential commodity had been sold to the Government, with reasonable interest calculated from the day of the seizure of the essential commodity; and such price shall be determined ; - (i) in the case of food-grains, edible oil seeds, or edible oils, in accordance with the provisions of sub-section (3-B) of Section 3; (ii) in the case of sugar, in accordance with the provisions of sub-section (3-C) of Section 3; and (iii) in the case of any other essential commodity, in accordance with the provisions of sub-section (3 of Section 3. "