UMMED SINGH Vs. STATE AND ANOTHER

JUDGEMENT

(1.) The instant petition under Section 482 Cr.P.C. is directed against the order dated 20.11.2003 passed by the learned District and Sessions Judge, Jhunjhunu in Criminal 'Appeal No. 21/2002 whereby the order of the District Collector, Jhunjhunu dated 26.3.2002 in Case No. 37/2002 confiscating 15 drums of HSD Diesel has been confirmed.

(2.) It is contended by his learned counsel that the police after investigation has submitted the negative final report which has since been accepted and, therefore, 15 drums of HSD Diesel which were seized from the petitioner in connection with the offence under Section 3/7 of the Essential Commodities Act, 1955 here-in-after referred to in short as "the Act") may be returned to him or the price thereof may be paid to him as per the provisions of the Act. Learned PP also fairly conceded that in view of the final report filed against the petitioner, he is entitled to be paid the price of 15 drums of HSD Diesel which were seized from him.

(3.) It is, therefore, directed that the petitioner may move proper application before the learned Chief Judicial Magistrate, Jhunjhunu for refund of the amount of HSD Diesel in question.