NANA LAL Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) This revision petition under Sec. 397 Crimial P.C. has been filed by the accused petitioner against the judgment dated 29.5.2002 eased by the learned Sessions Judge, Pratapgarh camp Chittorgarh in Criminal Appeal No. 38/2001 by which the learned Sessions Judge dismissed the appeal filed by the accused petitioner and upheld the order dated 15.5.2001 passed by the learned Collector, Chittorgarh in Criminal Case No. 4/2001 by which the learned Collector allowed the application under Sec. 6A of the Essential Commodities Act, 1955 (hereinafter referred to as the Act of 1955) by which seized SPL Wheat of 78 Quintals were confiscated and further DSO, Chittorgarh was ordered to dispose of that wheat and the amount recovered to from the said sale be deposited in the Government treasury.

(2.) It arises in the following circumstances:-

(3.) In this revision petition, the main case of the learned counsel for the accused petitioner is that since on 23.1.2001, the petitioner had submitted an application before the DSO stating the circumstance in which the wheat was kept at other place other than godown and therefore, there was no malafide intention on his part and hence the impugned order of confiscation was perse illegal and without jurisdiction.