HANSRAJ AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the order of the learned Sessions Judge, Sri Ganganagar, dt. 21.04.2004, whereby he dismissed the appeal of the petitioner by confirming the order of the learned Collector dt. 07.02.2002, whereby 2800 litres of diesel recovered from the petitioners was ordered to be confiscated.

(2.) IT has been contended by the learned Counsel for the petitioner that under Clause 15 of the Rajasthan Petroleum Product (Licensing & Control) Order, 1990, a person can keep 2500 litres of diesel at a time but here, in this case, there were two persons and that being the position, no violation was made of the above Order. Despite that, the learned Collector as well as the learned Appellate Court ordered for confiscation of the diesel. According to the learned Counsel for the petitioners, the appellate Court was also informed about the acquittal of the accused petitioners vide judgment dt.16.10.2003 passed by the C.J.M., Sriganganagar and the learned Appellate Court has not taken into consideration the provisions of Section 6A(3) & Section 6C(2) of the Essential Commodities Act, 1955, hereinafter referred -to as "the Act of 1955", wherein it is clearly stated that if a person 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 6A, be paid price therefor. Relevant provisions are as under:

(3.) CONSEQUENTLY , the revision petition is allowed. The order of the learned Sessions Judge, Sriganganagar, dt. 21.04.2004 is set aside and the price of goods seized i.e. diesel, which has been said to be auctioned, be paid to the petitioners with interest at the rate of 6% per annum from the date of auction.