SANDEEP INDUSTRIES Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The above petitions are being disposed of jointly as the subject matter and question of law involved in them is same and identical.

(2.) The crucial question which requires consideration and decision in the matter is: "Whether the owner of the assential commodities, ordered to be confiscated by the Collector under Sec. 6-A of the Essential Commodities Act, 1955 (hereinafter to be referred to as the Act), is entitled to the return of the same in case the criminal prosecution instituted against him under Sec. 7 of the Act in relation to the same goods ends by his discharge or acquittal? In other words, what is the effect on confiscation proceedings taken under Sec. 6-A or 6-C of the Act and any order passed therein if criminal prosecution instituted in relation to the same goods comes to an end by discharge or acquittal of the accused?

(3.) The facts giving rise to the above question are not much in dispute and the same may be stated.